Caution:

Bills are published by the Legislative Assembly in print and on its website. This copy has not been
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Comprehensive Ontario Police Services Act, 2019

EXPLANATORY NOTE

The Bill enacts, amends or repeals various Acts and revokes various regulations. The major
elements of the Bill are described below.

SCHEDULE 1
COMMUNITY SAFETY AND POLICING ACT, 2019
The Schedule enacts the Community Safety and Policing Act, 2019.

Part I (Principles and Interpretation)

The declaration of principles remains similar to the current Police Services Act, with the
addition of the need to be responsive to the unique histories and cultures of First Nation, Inuit
and Métis communities and the need to ensure that all parts of Ontario, including First Nation
reserves, receive equitable levels of policing.

A number of terminology changes are made relative to the current Police Services Act. “Police
force” is replaced with “police service”. “Police services” provided by police is replaced with
the term “policing”. “First Nations Constable” is changed to “First Nation Officer”. “Board” is
replaced with “police service board”.

Part II (Minister’s Duties and Powers)

This Part sets out the Minister’s general duties and powers under the Act.

The Minister is entitled to receive prescribed information in accordance with the regulations
from certain police entities and to receive certain information on request. The rules respecting
the collection, use and disclosure of personal information for the purpose of discharging the
Minister’s duties, and for research purposes, are set out. The Information and Privacy
Commissioner is given the power to review the practices of the Minister in relation to personal
ii

information. Offences related to the unauthorized use and disclosure of this information are set
out.

Part III (Provision of Policing)

Police service boards and the Commissioner of the Ontario Provincial Police (the
“Commissioner”) are responsible for providing adequate and effective policing in their areas of
policing responsibility. Adequate and effective policing is defined in this Part as including
various policing functions provided in accordance with the standards set out in the regulations
and with the requirements of the Canadian Charter of Rights and Freedoms and the Human
Rights Code.

Police service boards can be divided into municipal boards, maintained by a municipality, and
First Nation boards, created at the request of a First Nation. These boards have an area of
policing responsibility established later in the Act. The Commissioner has policing
responsibility for every area of Ontario that is outside the areas for which the police service
boards have policing responsibility.

The regulations may provide that a prescribed policing provider is to provide a policing function
in an area. In this case, the prescribed policing provider is to provide the policing function,
instead of or along with the police service board or the Commissioner.

Members of the police service, or persons acting under their direction, must be used to deliver
the policing functions that are the components of adequate and effective policing, unless the
regulations provide otherwise.

The regulations may allow a police service board or the Commissioner to enter into agreements
with other police service boards, the Commissioner or prescribed entities to have them provide
certain policing functions. Some policing functions may only be provided by members of a
police service or persons assisting those members while acting under their direction. The
responsibility for ensuring that the standards for adequate and effective policing are met remains
with the police service board or Commissioner.

Rules are set out for the provision of policing in special areas, agreements for additional services
and the cost of providing extra policing.

This Part also sets out the rules for temporary assistance and emergency situations.

Part IV (Municipal Policing and Police Service Boards)

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This Part sets out how municipalities may provide policing and the rules that apply to police
service boards (both municipal boards and First Nation boards).

Municipalities may provide policing in their municipality in several ways, subject to the
Minister’s approval.

Municipal councils that maintain a municipal board are required to prepare a diversity plan to
ensure that the board members are representative of the diversity of the population in the area.
Rules respecting the name and size of municipal boards are set out.

First Nations may request the constitution of a First Nation board by a Minister’s regulation.
The Minister shall consider the request and may make a regulation constituting the First Nation
board to have policing responsibility for an area.

The remainder of the Part sets out the rules that apply to all police service boards. This includes
the process for appointing members to the boards. It also includes the duties of the police service
boards, which include employing members of the police service and monitoring the chief of
police’s performance. The police service boards also establish policies and prepare strategic
plans for their police services. Rules for liability, committees, meetings, quorum and other
administrative issues are set out.

Part V (Ontario Provincial Police)

This Part sets out the duties and responsibilities of the Ontario Provincial Police (the “O.P.P.”)
and the governance provisions that apply to it.

The Commissioner is appointed by the Lieutenant Governor in Council and has the power to
appoint members of the Ontario Provincial Police as police officers. The Minister establishes
policies and prepares a strategic plan for the O.P.P.

This Part provides for the constitution of O.P.P. detachment boards. O.P.P. detachment boards
advise O.P.P. detachment commanders with respect to policing provided by the detachment.
They may establish local policies and local action plans with respect to a wide range of matters.

The Part also establishes the Ontario Provincial Police Governance Advisory Council. The
Advisory Council’s role is to provide advice to the Minister regarding the use of the Minister’s
powers with respect to the O.P.P.
iv

The Part provides for agreements with First Nations to have the Commissioner provide policing
in a First Nation reserve or other specified areas. First Nations may request the constitution of a
First Nation O.P.P. board by a Minister’s regulation. These boards have many of the same
functions and powers as an O.P.P. detachment board and are also responsible for overseeing the
agreement with the First Nation.

Part VI (Police Officers and Other Policing Personnel)

The duties of chiefs of police are set out. Chiefs of police are given the power to disclose
personal information in certain circumstances. They are also required to perform an internal
investigation if a member of their police service is being investigated by the SIU Director.

The duties of police officers are set out and the requirements for a person to be appointed as a
police officer are established. The Part also establishes the probationary period of newly
appointed police officers for police services maintained by a police service board.

Members of a police service must meet prescribed qualifications to hold their position, if any
such qualifications are set out in the regulations.

The police service boards and the Commissioner are required to accommodate the needs of a
member of a police service who has a disability in accordance with the Human Rights Code. If a
police officer is incapable of fulfilling the essential duties or requirements of his or her position
and cannot be accommodated without undue hardship, the Act sets out a procedure for retiring
or terminating the employment of the officer.

Members of a police service are not permitted to engage in secondary activities unless the chief
of police determines otherwise, including activities that would place them in conflicts of interest
or that would otherwise constitute full-time employment for another person.

This Part also provides for the appointment of police cadets and auxiliary members of the police
service.

Police service boards and the Commissioner are given the power to appoint persons as special
constables. Special constables have to meet certain eligibility criteria and are issued a certificate
of appointment specifying the name of the employer for whom they may work, the powers of a
police officer that they may exercise, if any, and the purpose for which they may act.

The Minister may issue authorizations to employ special constables. Special constable
employers have certain duties established by the Act and are required to investigate conduct of
 v

their special constable employees that may contravene the Act or the regulations. Their
authorization to employ special constables may be suspended or terminated for a variety of
reasons, including a failure to take appropriate action against a special constable employee who
may have contravened the Act or the regulations.

This Part also provides for the appointment of First Nation Officers. First Nation Officers are
peace officers and have the powers of a police officer for the purpose of carrying out their
duties.

Part VII (Inspector General of Policing)

The Lieutenant Governor in Council appoints an Inspector General of Policing. The Inspector
General’s duties are to monitor and conduct inspections related to compliance with the Act and
to deal with certain complaints regarding policing and board members.

The Inspector General is entitled to receive prescribed information in accordance with the
regulations from certain police entities and to receive certain information on request. The rules
respecting the collection, use and disclosure of personal information for the purpose of
discharging the Inspector General’s duties are set out.

Any person may complain to the Inspector General that a member of one of the boards regulated
under the Act, or of the Advisory Council, is not complying with the applicable code of conduct.
Complaints may also be made about various other policing matters. The Inspector General is to
consider the complaints and, if there are grounds for investigation, investigate them.

The Inspector General may appoint inspectors and cause inspections to be conducted. Inspectors
have a wide variety of inspection powers, including the power to require responses to their
inquiries.

Inspectors report their findings to the Inspector General. If the Inspector General believes that
the report discloses evidence that a board member or member of the Advisory Council has
committed misconduct, he or she shall report the findings and may impose a disciplinary
measure on the member.

If the Inspector General believes that the inspector’s report discloses evidence of other non-
compliance with the Act, or actions that will likely result in non-compliance, he or she may
issue a direction to remedy or prevent the non-compliance or likely non-compliance. If the
direction is not complied with, the Inspector General shall report the findings and may impose a
disciplinary measure.
vi

In an emergency situation, the Inspector General may impose certain disciplinary measures
without notice and without an opportunity to respond. The interim measure may not be in force
for longer than the prescribed period.

The Part provides offences relating to obstruction of inspectors, failure to provide information
and the provision of false or misleading information.

Part VIII (Law Enforcement Complaints Agency)

This Part continues the office of the Independent Police Review Director as the Law
Enforcement Complaints Agency, headed by the Complaints Director. Most of the Part deals
with the composition of the Agency and other matters respecting the Agency, such as protection
from personal liability.

The Complaints Director administers the public complaints and investigation regime set out in
Part X of the Act. The Complaints Director may also undertake reviews of issues of a systemic
nature that have been the subject of public complaints or investigations under that Part, or that
may contribute or otherwise be related to misconduct. The related investigation powers of the
Complaints Director and of other investigators appointed under the Part are specified.

The Part also provides for and governs the collection, use and disclosure of personal information
by the Complaints Director in order to publish statistical reports for the purpose of informing the
evaluation, management and improvement of policing and the management of public
complaints.

Part IX (Ontario Police Arbitration and Adjudication Commission)

This Part continues the Ontario Police Arbitration Commission as the Ontario Police Arbitration
and Adjudication Commission.

The Arbitration and Adjudication Commission appoints arbitrators for a number of arbitrations
under the Act if the parties are unable to agree to one and performs other duties related to
arbitrations under the Act. It also appoints adjudicators to hold adjudication hearings respecting
many disputes under the Act.

Part X (Public Complaints)

This Part provides for the investigation of complaints made by members of the public respecting
the conduct of police officers, special constables employed by the Niagara Parks Commission
and peace officers in the Legislative Protective Service.
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A person may make a complaint to the Complaints Director about the conduct of a police
officer, special constable employed by the Niagara Parks Commission or peace officer in the
Legislative Protective Service. A complaint may be made through an agent or, in specified
circumstances, may be made by a person on behalf of another person. Certain persons, such as
members of a police service, are restricted from making complaints to the Complaints Director.
If a person mistakenly makes a complaint to certain specified persons or entities, including a
police service board or the Minister, that person or entity must forward the complaint to the
Complaints Director.

The Complaints Director is required to review every complaint. If the Complaints Director
determines that the complaint is about the conduct of a police officer, special constable
employed by the Niagara Parks Commission or peace officer in the Legislative Protective
Service, the Complaints Director shall, subject to specified exceptions, cause the complaint to be
investigated. A complaint may be withdrawn, but the Complaints Director may decide to
continue to deal with it despite its withdrawal (section 160).

The Part specifies which complaints are to be investigated by investigators in the Law
Enforcement Complaints Agency and which are to be investigated by a chief of police. Despite
this, the Complaints Director has discretion to retain complaints rather than direct their
investigation by a chief of police, and the Complaints Director may, in specified circumstances,
direct a chief of police to conduct an investigation that would otherwise be conducted by
investigators in the Law Enforcement Complaints Agency.

The Complaints Director is also given authority to cause an investigation to be conducted into
the conduct of a police officer, special constable employed by the Niagara Parks Commission or
peace officer in the Legislative Protective Service in the absence of a complaint, if specified
circumstances apply and the Complaints Director determines that an investigation is in the
public interest. The specified circumstances include receipt of notice of possible misconduct
from the SIU Director or from the Inspector General.

The Part sets out authority for the Complaints Director to postpone the commencement of an
investigation, or suspend an investigation, in order to avoid interfering with a criminal
investigation or proceeding, and sets out circumstances in which the Complaints Director must
do so. Also, the Complaints Director may cause an investigation to be discontinued if he or she
determines that continuing it is not in the public interest. Otherwise, the Complaints Director or
the investigating chief of police, as the case may be, is required to endeavour to ensure that
investigations are concluded within 120 days of their commencement.
viii

The Complaints Director or chief of police must make a written report on the conclusion of
every investigation, other than a discontinued investigation. If the Complaints Director or chief
of police determines that there are reasonable grounds to believe that the conduct of the police
officer, special constable employed by the Niagara Parks Commission or peace officer in the
Legislative Protective Service constitutes misconduct, he or she must notify the person’s
designated authority, as defined in the Part, for the determination and imposition of any
appropriate disciplinary measures. If the Complaints Director or chief of police does not have
reasonable grounds to believe that the conduct of the police officer, special constable employed
by the Niagara Parks Commission or peace officer in the Legislative Protective Service
constitutes misconduct, he or she must notify the complainant. If the investigation was
conducted by a chief of police, the complainant may require a review of the investigation by the
Complaints Director.

The designated authority of a police officer, special constable employed by the Niagara Parks
Commission or peace officer in the Legislative Protective Service may at any time attempt to
informally resolve a matter that is the subject of a complaint or investigation respecting the
police officer, special constable or peace officer, subject to the consent of the Complaints
Director, the complainant, if any, and the police officer, special constable or peace officer.

The Part addresses other matters related to investigations under the Part, including rules
respecting the bearing of the costs of such investigations. It provides that the Complaints
Director must notify the SIU Director of conduct coming within the mandate of the Special
Investigations Unit, and that the Complaints Director must notify the Inspector General
respecting conduct referred to in subsection 106 (1) or 107 (1). It also sets out a duty for
specified persons, including police officers, special constables employed by the Niagara Parks
Commission and peace officers in the Legislative Protective Service, to comply with reasonable
directions or requests of a person conducting an investigation under the Part. A failure to do so
constitutes an offence. There are also prohibitions relating to actions that may hinder a
complaint or investigation under the Part, and contravention constitutes an offence. The penalty
on conviction in either case is a penalty of a fine of not more than $5,000 for a first offence or
$10,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.

Part XI (Right to Report Misconduct)

This Part establishes the procedures for disclosing misconduct. The right to disclose under this
Part prevails over anything provided under any other Act or otherwise at law that would prohibit
the disclosure.

This Part requires the establishment of written procedures for the disclosure of misconduct by
members of a police service or by employees of a special constable employer. These procedures
may be followed in disclosing the misconduct.
 ix

Members of a police service or special constables may instead disclose misconduct directly to
the Inspector General in certain cases, including if they believe it would not be appropriate to
disclose it in accordance with the disclosure procedures. The Inspector General shall assess the
complaint and refer it to the Complaints Director if appropriate.

No person shall take a reprisal against members of a police service or special constables who
take certain actions under the Part, including disclosing misconduct.

Part XII (Discipline and Termination)

This Part defines misconduct for police officers and special constables, which includes a failure
to comply with the applicable code of conduct and other failures to comply with the Act.

This Part sets out a duty for chiefs of police, police service boards and the Minister to report
misconduct to the Complaints Director in prescribed circumstances. It also sets out investigation
provisions respecting conduct that constitutes misconduct or unsatisfactory work performance.

Chiefs of police, police service boards and the Minister may impose different disciplinary
measures on police officers for conduct that constitutes misconduct or unsatisfactory work
performance. Certain disciplinary measures, such as temporary suspensions, forfeiture of pay
and reprimands, can be imposed directly by the chief, board or Minister. The police officer may
request an adjudication hearing to dispute the measure.

Termination of employment and demotion cannot be imposed directly. Instead, the chief of
police, police service board or Minister must request an adjudication hearing to decide the
matter. The adjudicator may order termination, demotion or another disciplinary measure at the
end of the hearing.

Suspensions with pay may be imposed pending the final disposition of certain proceedings.
Suspensions without pay may be imposed in more limited circumstances, including convictions
for an offence and sentencing to a term of imprisonment, judicial interim release that
substantially interferes with the officer’s ability to perform the duties of a police officer and
charges for certain serious offences.

Part XIII (Labour Relations)

This Part contains provisions related to police service labour relations. It does not apply to the
O.P.P.
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Membership in trade unions or organizations affiliated with trade unions is prohibited for
members of a police service, subject to certain exceptions. Certain members of a police service
are prohibited from being or remaining members of a police association.

The Part sets out a procedure for bargaining, conciliation and arbitration between the members
of a police service and the police service board. Disputes regarding an agreement made under
this Part also go through conciliation and arbitration.

Part XIV (Transfer of Assets between Pension Plans)

This Part sets out the rules that apply to transfers of assets between the Public Service Pension
Plan and the Ontario Municipal Employees Retirement System. It excludes the application of
certain provisions of the Pension Benefits Act and replaces them with different transfer
requirements.

Part XV (Court Security)

This Part sets out the rules that apply to security for premises where court proceedings are
conducted.

Police service boards and the Commissioner are responsible for providing court security in their
areas of policing responsibility. They may authorize a person to provide court security, and
those persons are granted a number of powers.

Part XVI (Community Safety and Well-Being Plans)

Municipalities are required to prepare and adopt a community safety and well-being plan. First
Nations may also choose to do so. These plans must identify risk factors to the community and
identify strategies to reduce prioritized risk factors, in addition to meeting other requirements.

Municipalities that have adopted such a plan must monitor, evaluate and report on the effect it is
having.

Part XVII (Regulations and Miscellaneous)

This Part applies to the handling of property, money and firearms that come into the possession
of a police service. It also sets out the regulation making powers, which are split between the
Lieutenant Governor in Council and the Minister.

Part XVIII (Self-Amendments)

This Part includes amendments to the Act to reflect legislative changes that have not yet come
into force.
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SCHEDULE 2
POLICE SERVICES ACT
The Schedule amends the Police Services Act.

Subsection 2 (2) of the Act is amended to provide for any designation of a police force under a
regulation made under the federal Cannabis Act.

Several amendments are made with respect to community safety and well-being plans. A
transition provision allows for plans that were consulted on before January 1, 2019 to be deemed
to have met consultation obligations if the Minister determines there is substantial compliance.

The consultation provisions are amended to require the chief of police of a police force that
provides policing in the area, or his or her delegate, to be on the advisory committee. One person
may satisfy the requirements set out in multiple paragraphs of the consultation requirements.
Plans adopted before changes to section 145 continue to be valid despite intervening changes to
that section.

SCHEDULE 3
COMPLEMENTARY REPEALS
The Schedule repeals the Police Services Act and several Acts that were contained in the Safer
Ontario Act, 2018.

SCHEDULE 4
CONSEQUENTIAL AMENDMENTS
The Schedule amends various Acts to make consequential amendments reflecting the content of
the Community Safety and Policing Act, 2019.

SCHEDULE 5
SPECIAL INVESTIGATIONS UNIT ACT, 2019
The Schedule enacts the Special Investigations Unit Act, 2019. The Act continues the special
investigations unit that is part of the Ministry of the Attorney General as a unit outside the
Ministry under the name of “Special Investigations Unit”. Part VII of the Police Services Act is
consequently repealed (section 42). The Crown is bound by the Act (section 3).
xii

Section 1 of the Act deals with interpretive matters, including definitions such as a definition of
“serious injury”.

Sections 4 to 14 provide for the continuance of the special investigations unit as the Special
Investigations Unit, headed by the Special Investigations Unit Director (“SIU Director”).
Sections 6 to 14 deal with the composition of the Special Investigations Unit and other matters
respecting the Unit, such as protection from personal liability (section 13). Section 9 provides
for and governs the collection, use and disclosure of personal information by the SIU Director in
order to publish statistical reports for the purpose of informing the evaluation, management and
improvement of policing.

Most of the remainder of the Act deals with investigations. The SIU Director may initiate an
investigation in two contexts. The first of these is with respect to an incident in which a person
dies or is seriously injured, in which a firearm is discharged at a person or in which a sexual
assault is reported to have occurred, if the incident may have resulted from the conduct of an
official (subsection 15 (1)). The term “official” is defined as police officers, special constables
employed by the Niagara Parks Commission and peace officers in the Legislative Protective
Service (subsection 1 (1)). This power to investigate applies even if the official is no longer
serving in that position. It also applies to incidents that occurred in the past (with specified
limitations as to officials other than police officers). Subsection 15 (2) sets out that the power to
investigate under section 15 may apply to an official with respect to his or her conduct when off-
duty, in specified circumstances.

Under section 16, an official’s designated authority — a term defined in subsection 1 (1) in
respect of different types of officials — must immediately notify the SIU Director of an incident
that may be investigated under section 15 if the specified circumstances apply. If given notice of
an incident, the SIU Director may cause an investigation into the incident to be conducted,
unless the SIU Director determines that the incident is not within the SIU Director’s power to
investigate under section 15.

The SIU Director may make preliminary inquiries in order to determine whether a matter may
be investigated under section 15 and, if so, whether to do so (section 17). The SIU Director is
the lead investigator in the investigation of any incident or matter under the Act, subject to the
regulations providing otherwise (section 18).

Sections 19 to 30 set out the mechanics and other elements of the investigations themselves,
including securing of the scene (section 20), incident notes and other notes of subject and
witness officials (sections 21, 23 and 24), the designation of officials as “subject official” and
“witness official” as defined in the Act (section 22), the segregation of officials and limits on
 xiii

their communication during an investigation (section 26), and confidentiality during an

investigation (sections 28 and 29).

Section 31 sets out a duty for specified persons, including officials other than subject officials,
to comply with directions or requests of the SIU Director or investigators with the Special
Investigations Unit. A failure to do so constitutes an offence, the penalty on conviction being a
fine of not more than $5,000 for a first offence or $10,000 for a subsequent offence, a term of
imprisonment of not more than one year, or both.

If the SIU Director determines, as a result of an investigation under the Act, that there are
reasonable grounds to believe that a person has committed an offence under the Criminal Code
(Canada), the SIU Director shall cause charges to be laid against the person; in the case of an
offence under any other law of Canada or under Ontario law, the SIU Director may cause
charges to be laid but is not required to (section 32). Sections 33 and 34 address requirements
for the SIU Director to give public notice of the results of investigations under the
Act. Investigations are subject to the timing and related notice requirements of section 35.

Section 38 sets out regulation-making authorities for both the Lieutenant Governor in Council
and the Minister responsible for the administration of the Act. Regulations to be made by the
Lieutenant Governor in Council are subject to the consultation requirements set out in section
39.

Section 40 amends the Act to reflect the commencement of the Community Safety and Policing
Act, 2019.

SCHEDULE 6
CORONERS ACT
The Schedule amends the Coroners Act.

Certain amendments contained in Schedule 6 of the Safer Ontario Act, 2018 that have not come
into force are repealed.

The Schedule adds multiple definitions to the Act to accord with the language in the Community
Safety and Policing Act, 2019. The language in the Act is amended and updated to include
references to auxiliary members, First Nation Officers, police services, special constables and
the Special Investigations Unit.
xiv

Coroners are granted powers to require certain persons to provide information and to inspect and
extract information from records or writings when determining whether there is reason to
believe a person died in the circumstances set out in section 10 of the Act.

Section 16 of the Act is amended to require coroners to offer seized things to the police for
safekeeping or to keep the item safe if the police do not accept it. The coroner is required to
return the item to the person from whom it was seized after the conclusion of the investigation
or inquest.

New section 25.1 allows the Chief Coroner to exercise certain powers in respect of deaths that
have been previously investigated or subject to an inquest by a coroner, including the power to
cause an investigation into one or more deaths to be conducted for the purpose of preventing
further deaths.

SCHEDULE 7
MANDATORY BLOOD TESTING ACT, 2006
The Schedule amends the Mandatory Blood Testing Act, 2006.

Currently, section 3 of the Act provides that upon receipt of an application made under section
2, the medical officer of health shall request that a respondent provide certain materials. If the
respondent fails to provide the materials within a specified time, section 3 currently requires the
medical officer of health to refer the application to the Board. This section is amended such that
upon receipt of an application made under section 2, the medical officer of health shall
immediately refer the application to the Board in addition to requesting that the respondent
provide certain materials. Subsection 3 (3) is amended to provide that if the respondent provides
the materials before the Board renders a decision, the Board is not required to further hear the
matter or render a decision. Subsection 3 (4) is amended to provide that an applicant may
withdraw his or her application before the Board renders a decision and if an applicant has done
so, the Board shall terminate the hearing.

Currently, subsection 4 (3) of the Act provides that the Board shall commence and conclude a
hearing within seven days after it receives the referral of the application. This provision is
amended to provide that, except in certain circumstances, the timeline is now five business days.

Subsection 6 (2) is added to the Act and provides that a judge of the Superior Court of Justice
who grants an order under subsection 6 (1) may, amongst other orders, include authorization for
a police officer to provide such assistance as the judge may direct to a physician or a person
belonging to a prescribed class of persons authorized to take a blood sample in carrying out any
of his or her responsibilities pursuant to the order.
 xv

Currently, subsection 10 (3) of the Act provides that the penalty for a person who is guilty of an
offence is a fine of not more than $5,000 for every day or part of a day on which the offence
occurs or continues. The subsection is amended to increase the penalty to a fine of not more than
$10,000 for every day or part of a day on which the offence occurs or continues and to provide
that a person who is guilty of an offence may also be liable to imprisonment for a term of not
more than six months or to both.
Bill 2019

An Act with respect to community safety and policing

CONTENTS
1. Contents of this Act
2. Commencement
3. Short title
Schedule 1 Community Safety and Policing Act, 2019
Schedule 2 Police Services Act
Schedule 3 Complementary Repeals
Schedule 4 Consequential Amendments
Schedule 5 Special Investigations Unit Act, 2019
Schedule 6 Coroners Act
Schedule 7 Mandatory Blood Testing Act, 2006

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement
2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives
Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may apply
to one or more of those provisions, and proclamations may be issued at different times
with respect to any of those provisions.

Short title
3. The short title of this Act is the Comprehensive Ontario Police Services Act, 2019.
2
 3

SCHEDULE 1
COMMUNITY SAFETY AND POLICING ACT, 2019

CONTENTS
PART I
PRINCIPLES AND INTERPRETATION
1. Declaration of principles
2. Interpretation
PART II
MINISTER’S DUTIES AND POWERS
DUTIES
3. Minister’s general duties
INFORMATION
4. Information to Minister in accordance with regulations
5. Personal information
6. Disclosure for research purpose
7. Information and Privacy Commissioner’s review of practices
8. Offence
9. Review of information provisions
PART III
PROVISION OF POLICING
RESPONSIBILITY FOR PROVIDING POLICING
10. Policing responsibility
11. Adequate and effective policing
12. Prescribed policing provider
USE OF PERSONNEL
13. Members of police service must provide certain functions
14. Alternative provision
15. Personnel to meet prescribed qualifications
SPECIAL AREAS
16. Special areas, provision of policing by Commissioner
ADDITIONAL SERVICES AND EXTRA POLICING
17. Additional services
18. Extra policing cost
TEMPORARY ASSISTANCE AND EMERGENCIES
19. Request for temporary assistance
20. Inspector General powers
21. Emergencies
PART IV
MUNICIPAL POLICING AND POLICE SERVICE BOARDS
METHODS OF PROVIDING MUNICIPAL POLICING
22. Methods of providing municipal policing
23. Amalgamation of police services
24. Agreement to jointly constitute municipal board
25. Other municipal boards
26. Agreements for provision of policing between municipalities
27. Agreement with First Nation to provide policing
MUNICIPAL DIVERSITY PLANS
28. Diversity plan
29. Promotion of appointments by municipality
30. Dissolution of municipal board
MUNICIPAL BOARDS
31. Municipal boards
FIRST NATION BOARDS
32. First Nation boards
APPOINTMENT OF POLICE SERVICE BOARD MEMBERS
33. Appointment
34. Members appointed by municipality
35. Oath, training and conduct
36. Election of chair
POLICE SERVICE BOARD DUTIES AND POWERS
37. Police service board duties
38. Police service board policies
39. Strategic plan
4

40. Police service board directions

41. Reporting and information sharing
ADMINISTRATION AND FINANCES
42. Delegation
43. Meetings
44. When meetings may be closed to public
45. Evidence of by-laws
46. Rules and procedures
47. Liability
48. Protection from personal liability
49. Police service board may contract, sue and be sued
50. Municipal board finances
51. Funding review, First Nation board
52. Aid to survivors of deceased member of municipal police service
MISCELLANEOUS
53. Termination to abolish or reduce size of police service
54. Municipal fines
55. Municipal by-law enforcement officers
PART V
ONTARIO PROVINCIAL POLICE
COMMISSIONER
56. Commissioner
57. Commissioner’s duties
58. Annual report
MINISTER
59. Minister’s O.P.P. duties
60. Minister’s policies
61. Strategic plan
62. Minister directions
ADMINISTRATION AND FINANCES
63. Liability
64. Commissioner policing
65. Minister may charge for Commissioner’s services
66. Aid to survivors of deceased member of O.P.P.
O.P.P. DETACHMENT BOARDS
67. O.P.P. detachment board
68. Role
69. Local policies
70. Local action plan
71. Estimates, O.P.P. detachment boards
ONTARIO PROVINCIAL POLICE GOVERNANCE ADVISORY COUNCIL
72. Ontario Provincial Police Governance Advisory Council
73. Functions of Advisory Council
74. Meetings
75. When meetings may be closed to public
AGREEMENTS WITH FIRST NATIONS
76. Agreements with First Nations to provide O.P.P. policing
77. First Nation O.P.P. boards
78. Duties and functions of First Nation O.P.P. board
PART VI
POLICE OFFICERS AND OTHER POLICING PERSONNEL
CHIEF OF POLICE
79. Duties of chief of police
80. Power to disclose personal information
81. SIU investigation of member of police service
POLICE OFFICERS
82. Duties of police officer
83. Appointment of police officer
84. Probationary period, police service board officer
85. Oaths of office and secrecy
86. Political activity
MEMBERS OF POLICE SERVICES
87. Qualifications to hold position
88. Accommodation of disability needs
89. Restrictions on secondary activities
90. Police cadets
 5

91. Auxiliary members of police service

SPECIAL CONSTABLES
92. Special constables
93. Amendment to certificate of appointment
94. Suspension and termination of special constable appointment
95. Special constable duties
96. Notice if outside area of policing responsibility
SPECIAL CONSTABLE EMPLOYERS
97. Authorization
98. Duties of special constable employer
99. Suspension or termination of authorization to employ
SPECIAL CONSTABLES HOLDING OUT AS POLICE OFFICERS
100. Holding out as police officer
FIRST NATION OFFICERS
101. First Nation Officers
PART VII
INSPECTOR GENERAL OF POLICING
APPOINTMENT AND DUTIES
102. Inspector General of Policing
103. Annual report
INFORMATION
104. Information to Inspector General in accordance with regulations
105. Personal information
COMPLAINTS
106. Board member complaints
107. Policing complaints
108. Forwarding of complaints
109. Complaints by Minister
110. Interpretation, portion of a complaint
INSPECTIONS
111. Inspectors
112. Restrictions on inspections
113. Inspection without order
114. Inspection order
115. Inspection powers
116. Power to require response to inquiries
117. Detention of things, documents or data
118. Privilege preserved
119. Confidentiality
120. Notice
121. Referral to other chief of police
122. Board member duties during and after investigation
RESULTS OF INSPECTION
123. Results of inspection
124. Inspector General’s powers
125. Non-compliance with Act or regulations
126. Failure to comply with Inspector General’s direction
127. Administrators
128. Emergency, interim measure
OFFENCES
129. Prohibition
PART VIII
LAW ENFORCEMENT COMPLAINTS AGENCY
130. Law Enforcement Complaints Agency
131. Complaints Director
132. Functions
133. Review of systemic issues
134. Rules
135. Employees
136. Investigators
137. Application of Public Inquiries Act, 2009
138. Investigation powers, place owned or occupied by police, etc.
139. Investigation powers, other places
140. Records or things removed
141. Copy admissible
142. Liaisons
6

143. Collection, use and disclosure of personal information

144. Annual report
145. Confidentiality
146. Protection from personal liability
PART IX
ONTARIO POLICE ARBITRATION AND ADJUDICATION COMMISSION
147. Composition of Arbitration and Adjudication Commission, etc.
148. Commission Chair
149. Fees for adjudicators
150. Costs of adjudication hearings
PART X
PUBLIC COMPLAINTS
151. Interpretation
152. Application of Part
153. Determination of public interest in an investigation
PUBLIC COMPLAINTS
154. Public complaints
155. Forwarding complaints to the Complaints Director
156. Complaints from another province or territory
157. Review of complaints
158. Refusal to investigate
159. Investigation of complaints
160. Withdrawal of complaint
POWER TO INVESTIGATE ABSENT A COMPLAINT
161. Investigation in absence of complaint
162. Notices
INVESTIGATIONS
163. Postponement due to criminal investigation or proceeding
164. Discontinuance of investigation
165. Investigation timing
166. Investigation report
167. Determination of no misconduct
168. Determination of misconduct
OTHER MATTERS
169. Informal resolution
170. Effect of resignation on complaint, investigation
171. Termination of officers appointed under Interprovincial Policing Act, 2009
172. Costs of investigations
173. Special Investigations Unit
174. Notice to Inspector General
175. Duty of chief of police to notify Complaints Director
176. Notice to extra-provincial commander
177. Public statements by Complaints Director
178. Duty to comply
179. Prohibitions
180. Offences and penalty
181. Protection from giving testimony
PART XI
RIGHT TO REPORT MISCONDUCT
APPLICATION
182. Disclosure despite conflict with other Acts
DISCLOSURE PROCEDURES
183. Disclosure procedures
184. Reporting of misconduct
DISCLOSURE TO THE INSPECTOR GENERAL
185. Disclosure to Inspector General
186. Disclosure to SIU Director
187. Initial assessment by Inspector General
188. Allegation of criminal conduct
189. Dealing with disclosure of misconduct
PROTECTION FROM REPRISALS
190. No reprisals
191. Complaint about reprisal
PART XII
DISCIPLINE AND TERMINATION
NON-APPLICATION
 7

192. Non-application
193. Agreements
PROCEDURES
194. Assessment and discipline procedures
MISCONDUCT
195. Misconduct
196. Inducing misconduct and withholding services
MANDATORY NOTICE OF MISCONDUCT
197. Duty to provide notice to Complaints Director
INVESTIGATIONS
198. Investigation by chief of police
199. Postponement due to criminal investigation or proceeding
DISCIPLINARY MEASURES AND HEARINGS
200. Suspension, forfeit of pay, reprimands, etc.
201. Procedure and hearings
202. Termination of employment or demotion
203. Postponement due to criminal investigation or proceeding
204. Appeal to Divisional Court
205. Agreement to disciplinary measure after public complaint
206. Effect of resignation on investigation, discipline
207. Expunging of record
LIMITATION ON INVESTIGATIONS AND DISCIPLINE
208. Limitation on investigations, discipline
SUSPENSION
209. Suspension with pay
210. Suspension without pay
211. Powers on suspension
TERMINATION OF PROBATIONARY POLICE OFFICERS
212. Termination of employment during probationary period
EVIDENCE
213. Police officer not required to give evidence
MISCELLANEOUS
214. Application of Statutory Powers Procedure Act
215. Reports of chief of police
TRANSITION
216. Transition
PART XIII
LABOUR RELATIONS
DEFINITION AND APPLICATION
217. Definition, Part XIII
218. Non-employees of police service boards
POLICE ASSOCIATIONS
219. Duty of fair representation
MEMBERSHIP AND STATUS
220. Restriction on membership in police association
221. Membership in trade union prohibited for certain members
222. Dispute re person’s status
BARGAINING AND ARBITRATION
223. Separate bargaining, etc., separate categories
224. Notice of desire to bargain
225. Bargaining committee
226. Appointment of conciliation officer
227. Arbitration
228. Dispute, appointment of conciliation officer
229. Arbitration after conciliation fails
230. Extension of time
231. Restriction
232. Non-application of Arbitration Act, 1991
233. Agreements, decisions and awards binding
234. Duration of agreements, decisions and awards
235. Provision for expenditures
236. Transition; continuation of proceedings
INQUIRIES
237. Inquiry, alleged contravention
PART XIV
TRANSFER OF ASSETS BETWEEN PENSION PLANS
8

238. Interpretation
239. Agreement governing transfers
240. Duty to file agreement
241. Eligibility of police service employees
242. Employee’s consent to transfer of assets
PART XV
COURT SECURITY
243. Court security
244. Powers of person providing court security
245. Offences
246. Powers not affected
247. Privilege preserved
PART XVI
COMMUNITY SAFETY AND WELL-BEING PLANS
PREPARATION AND ADOPTION
248. Municipal community safety and well-being plan
249. First Nation community safety and well-being plan
250. Preparation of plan by municipality
251. Content of community safety and well-being plan
252. Publication of community safety and well-being plan
253. Implementation of community safety and well-being plan
REPORTING AND REVISION
254. Monitoring, evaluating and reporting
255. Revision by municipality
MISCELLANEOUS
256. Information to Minister
257. Community safety and well-being planner
PART XVII
REGULATIONS AND MISCELLANEOUS
258. Property in possession of police service
259. Money
260. Firearms
261. Regulations
262. Public consultation before making L.G. in C. regulations
263. Crown bound
PART XVIII
SELF-AMENDMENTS
264. Self-amendments
PART XIX
COMMENCEMENT AND SHORT TITLE
265. Commencement
266. Short title

PART I
PRINCIPLES AND INTERPRETATION
Declaration of principles
1. Policing shall be provided throughout Ontario in accordance with the following
principles:

1. The need to ensure the safety and security of all persons and property in Ontario,
including on First Nation reserves.

2. The importance of safeguarding the fundamental rights and freedoms guaranteed by

the Canadian Charter of Rights and Freedoms and the Human Rights Code.
 9

3. The need for co-operation between policing providers and the communities they
serve.

4. The importance of respect for victims of crime and understanding of their needs.

5. The need for sensitivity to the pluralistic, multiracial and multicultural character of
Ontario society.

6. The need to be responsive to the unique histories and cultures of First Nation, Inuit
and Métis communities.

7. The need to ensure that police services and police service boards are representative of
the communities they serve.

8. The need to ensure that all parts of Ontario, including First Nation reserves, receive
equitable levels of policing.

Interpretation
2. (1) In this Act,

“adequate and effective policing” has the meaning set out in subsection 11 (1); (“services
policiers convenables et efficaces”)

“Advisory Council” means the Ontario Provincial Police Governance Advisory Council
established under subsection 72 (1); (“Conseil consultatif”)

“Arbitration and Adjudication Commission” means the Ontario Police Arbitration and
Adjudication Commission continued by subsection 147 (1); (“Commission d’arbitrage et de
décision”)

“auxiliary member” means a member of a police service appointed under section 91; (“membre
auxiliaire”)

“band council” means a council of the band as defined in subsection 2 (1) of the Indian Act
(Canada); (“conseil de bande”)
10

“chief of police” means a chief of police of a police service maintained by a police service board
or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”)

“Commission Chair” means the chair of the Arbitration and Adjudication Commission;
(“président de la Commission”)

“Commissioner” means the Commissioner of the Ontario Provincial Police appointed under
subsection 56 (1), and includes an acting Commissioner; (“commissaire”)

“community safety and well-being plan” means a community safety and well-being plan
described in section 251; (“plan de sécurité et de bien-être communautaires”)

“Complaints Director” means the Complaints Director appointed under subsection 131 (1);
(“directeur des plaintes”)

“de-identify”, in relation to the personal information of an individual, means to remove any

information that identifies the individual or for which it is reasonably foreseeable in the
circumstances that it could be utilized, either alone or with other information, to identify the
individual; (“anonymiser”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“First Nation board” means a board constituted under section 32; (“commission de Première
Nation”)

“First Nation Officer” means a person appointed under section 101 as a First Nation Officer;
(“agent de Première Nation”)

“First Nation O.P.P. board” means a board constituted under section 77; (“conseil de Première
Nation sur la Police provinciale”)

“First Nation reserve” means a reserve as defined in the Indian Act (Canada); (“réserve de
Première Nation”)
 11

“Inspector General” means the Inspector General of Policing appointed under subsection 102
(1); (“inspecteur général”)

“local commander” means a chief of police of a police service or a commander of a detachment,

or his or her designate; (“commandant local”)

“member of a police service” means,

(a) a member of the Ontario Provincial Police,

(b) a chief of police of any other police service,

(c) an employee of a police service board who is under the direction of a chief of police,

(d) an auxiliary member of a police service, or

(e) a person appointed as a police officer under the Interprovincial Policing Act, 2009;
(“membre d’un service de police”)

“member of the Ontario Provincial Police” means,

(a) the Commissioner,

(b) a person employed under Part III of the Public Service of Ontario Act, 2006 who is
under the direction of the Commissioner, or

(c) an auxiliary member of the Ontario Provincial Police; (“membre de la Police

provinciale de l’Ontario”)

“Minister” means the Minister of Community Safety and Correctional Services or such other
member of the Executive Council as may be assigned the administration of this Act under
the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

12

“misconduct” means,

(a) in the case of a police officer or special constable, misconduct as set out in section
195,

(b) in the case of a member of a police service board, an O.P.P. detachment board, a First
Nation O.P.P. board or the Advisory Council, a failure to comply with the applicable
prescribed code of conduct, or

(c) in the case of a peace officer in the Legislative Protective Service, a failure to comply
with the applicable rules of conduct; (“faute”)

“municipal board” means a board constituted by a municipality or municipalities under section

22, 23, 24 or 25; (“commission municipale”)

“O.P.P. detachment board” means a board referred to in section 67; (“conseil de détachement de
la Police provinciale”)

“personal information” has the same meaning as in the Freedom of Information and Protection
of Privacy Act; (“renseignements personnels”)

“police association” means,

(a) the Ontario Provincial Police Association, or

(b) an association, other than a trade union, whose members are employees of one police
service board who are members of the police service maintained by the police service
board; (“association de policiers”)

“police officer” means a member of a police service who is appointed as a police officer or a
person who is appointed as a police officer under the Interprovincial Policing Act, 2009 and,
for greater certainty, does not include a special constable, a First Nation Officer, a municipal
by-law enforcement officer, a police cadet or an auxiliary member of a police service;
(“agent de police”)
 13

“police record check” means a search to be conducted of the Canadian Police Information
Centre databases or another police database maintained by a police service in Canada to
determine whether the databases contain entries relating to an individual in order to screen
the individual; (“vérification de dossier de police”)

“police service” means the Ontario Provincial Police or a police service maintained by a police
service board; (“service de police”)

“police service board” means,

(a) a municipal board, or

(b) a First Nation board; (“commission de service de police”)

“policing function” means a function listed in subsection 11 (1) or a part of one of those
functions; (“fonction policière”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“prescribed policing provider” means a public sector body that is an institution within the
meaning of the Freedom of Information and Protection of Privacy Act or the Municipal
Freedom of Information and Protection of Privacy Act and that is prescribed to provide a
policing function in an area in accordance with section 12; (“prestataire de services policiers
prescrit”)

“public sector body” means,

(a) a Ministry, commission, board or other administrative unit of the Government of

Ontario, including any agency thereof,

(b) a municipality,

(c) a local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3
(1) of the City of Toronto Act, 2006,
14

(d) a municipally-controlled corporation as defined in section 223.1 of the Municipal Act,

2001, and

(e) a city-controlled corporation as defined in section 156 of the City of Toronto Act,
2006; (“organisme du secteur public”)

“regulations” means the regulations made under this Act; (“règlements”)

“research” means a systematic investigation designed to develop or establish principles, facts or

generalizable knowledge, or any combination of them, and includes the development, testing
and evaluation of research; (“recherche”)

“research ethics board” means a board of persons that is established for the purpose of
approving research plans under section 6 and that meets the prescribed requirements;
(“commission d’éthique de la recherche”)

“SIU Director” means the Special Investigations Unit Director appointed under subsection 5 (1)
of the Special Investigations Unit Act, 2019; (“directeur de l’UES”)

“special constable” means a person appointed as a special constable under section 92; (“agent
spécial”)

“special constable employer” means a person authorized to employ special constables under
section 97; (“employeur d’agents spéciaux”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage;
(“conjoint”)

“trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”)
 15

“youth crime” means offences, within the meaning of the Youth Criminal Justice Act (Canada),
committed by a person while they were a young person within the meaning of that Act.
(“délinquance juvénile”)

Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a
specific police service
(2) For the purposes of sections 89 and 258 to 260 of this Act, section 25.1 of the Criminal
Code (Canada) and any designation of a police force made by the Minister under section 2 of the
Controlled Drugs and Substances Act (Police Enforcement) Regulations (Canada) or subsection
2 (1) of the Cannabis Act (Police Enforcement) Regulations (Canada), a person appointed as a
police officer under the Interprovincial Policing Act, 2009 is deemed to be,

(a) if he or she was appointed by a member of a police service maintained by a police

service board, a member of that police service;

(b) if he or she was appointed by a member of a police service board, a member of the
police service maintained by the police service board; or

(c) otherwise, a member of the Ontario Provincial Police.

Meaning of municipality
(3) For the purpose of every provision of this Act and the regulations, other than sections 25
and 55,

“municipality” means,

(a) a single-tier municipality;

(b) a lower-tier municipality in a county or in the County of Oxford;

(c) a regional municipality, other than the County of Oxford; or

(d) any other municipality that has constituted a municipal board under subsection 25 (2).
16

County of Oxford agreement

(4) Despite subsection (3), the councils of the County of Oxford and of all the lower-tier
municipalities within the County of Oxford may agree to have the County of Oxford and not its
lower-tier municipalities be considered a municipality for the purpose of every provision of this
Act and the regulations other than sections 25 and 55, but, having made such an agreement, the
councils cannot subsequently revoke it.

Municipality interpretation in context

(5) In this Act, a reference to a municipality is a reference to its geographical area or to the
municipal corporation, as the context requires.

Hearing not required unless referred to

(6) Nothing in this Act, other than the provisions of Part XII that specifically refer to a
hearing, shall be construed to require a hearing to be held within the meaning of the Statutory
Powers Procedure Act.

PART II
MINISTER’S DUTIES AND POWERS
DUTIES
Minister’s general duties
3. (1) The Minister shall,

(a) assist in the co-ordination of policing;

(b) conduct activities, including research and analysis, to assist in the co-ordination of
policing with the activities of prosecutors and other justice sector service providers;

(c) support operations for the purpose of delivering policing functions;

(d) consult with and advise police service boards, chiefs of police, special constable
employers, prescribed policing providers, prescribed entities, municipalities, First
Nations, entities that employ First Nation Officers, O.P.P. detachment boards, First
Nation O.P.P. boards and police associations in respect of policing, the administration
of police services and related matters, including,
 17

(i) the effectiveness, efficiency, sustainability and legitimacy of different

methods of providing policing, and,

(ii) compliance with the Canadian Charter of Rights and Freedoms and the
Human Rights Code;

(e) conduct research and analysis in respect of the matters described in clause (d);

(f) consult with and advise police service boards, chiefs of police, municipalities and
First Nations regarding the preparation, adoption and implementation of community
safety and well-being plans;

(g) conduct research and analysis to inform policy and program development, system
planning and the evaluation of service delivery and outcomes in respect of policing,
public complaints and related matters;

(h) develop, maintain and manage records related to the appointment, education, training,
suspension and discipline of police officers and special constables;

(i) develop and promote programs for community-responsive policing;

(j) monitor and evaluate programs, including their outcomes, that are related to policing
or community safety and well-being plans and that are funded in whole or in part by
the Ministry;

(k) provide advice to ministries and Crown agencies concerning security risks and
mitigation strategies;

(l) develop, promote and provide education and training to,

(i) enhance the professional provision of policing, and

(ii) assist members of police service boards, O.P.P. detachment boards, First
Nation O.P.P. boards and the Advisory Council in performing their duties;
18

(m) develop and maintain education and training standards for use in the education and
training of persons who provide policing functions and other persons governed by this
Act;

(n) operate the Ontario Police College; and

(o) perform such other duties as are assigned to him or her by or under this Act.

Ontario Police College continued

(2) The police college known as the Ontario Police College in English and the Collège de
police de l’Ontario in French is continued for the provision of training with respect to policing.

Fees
(3) The Minister may charge fees for training provided by the Ministry for a purpose set out
in clause (1) (l), including training provided by the Ontario Police College.

INFORMATION
Information to Minister in accordance with regulations
4. (1) Police service boards, chiefs of police, special constable employers, prescribed
policing providers, the Complaints Director and administrators appointed under Part VII shall
provide the Minister with information prescribed by the Minister that is related to the discharge
of the Minister’s duties under subsection 3 (1) at the frequency and in the manner set out in the
regulations made by the Minister.

Information to Minister on request

(2) Police service boards, chiefs of police, special constable employers, prescribed policing
providers, the Complaints Director and administrators appointed under Part VII shall provide the
Minister with such information as he or she may request from time to time.

Time to comply
(3) The information requested under subsection (2) shall be provided in the form and
manner and within the time specified in the Minister’s request.

Chief of police may decline

(4) A chief of police may decline to provide information under this section if authorized to
do so by the regulations.
 19

Personal information
5. (1) The Minister may collect personal information under subsection 4 (1) or (2), directly
or indirectly, only if the collection is necessary for the purpose of discharging the Minister’s
duties under clause 3 (1) (b), (c), (e), (g), (h), (j) or (k).

Other information serves purpose

(2) The Minister shall not collect or use personal information under subsection (1) if other
information will serve the purpose of the collection or use.

Personal information limited to what is reasonably necessary

(3) The Minister shall not collect or use more personal information under subsection (1)
than is reasonably necessary to meet the purpose of the collection or use.

Accuracy
(4) Before using personal information collected under subsection (1), the Minister shall take
reasonable steps to ensure that the information is as accurate as is necessary for the purpose of
the use.

Practices and procedures

(5) The Minister may only collect personal information under subsection (1), if,

(a) not more than one unit of the Ministry is prescribed by the Minister to collect and use
personal information under subsection (1) on the Minister’s behalf; and

(b) the prescribed unit of the Ministry has put in place practices and procedures,

(i) to protect the privacy of the individuals whose personal information the
Minister collects, and to maintain the confidentiality of the information, and

(ii) that are approved by the Information and Privacy Commissioner.

De-identification
(6) Where personal information has been collected by the Minister under subsection (1), the
prescribed unit of the Ministry shall, subject to the additional requirements, if any, that are
prescribed, and in accordance with the practices and procedures approved by the Information
and Privacy Commissioner under subclause (5) (b) (ii),
20

(a) create a record containing the minimal amount of personal information necessary for
the purpose of de-identifying the information and linking it to other information in the
custody or control of the Minister; and

(b) de-identify the personal information.

No other uses and disclosures permitted

(7) Despite any other provision in this Act or the Freedom of Information and Protection of
Privacy Act, personal information collected under subsection (1) shall not be used or disclosed
except as authorized by this section or section 6 or as otherwise required by law.

Limitation on application
(8) Subsections (5), (6) and (7) do not apply with respect to personal information collected
under subsection (1) for the purpose of discharging the Minister’s duties under clause 3 (1) (c),
(h) or (k).

Link
(9) The prescribed unit of the Ministry may link the personal information that has been de-
identified under subsection (6) to other de-identified personal information under the custody and
control of the Minister or of the Law Enforcement Complaints Agency.

Security
(10) The Minister shall take reasonable measures to secure the personal information
collected under subsection (1).

Notice required by s. 39 (2) of FIPPA

(11) If the Minister collects personal information indirectly under subsection (1), the notice
required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may
be given by,

(a) a public notice posted on a Government of Ontario website; or

(b) any other method that may be prescribed.

Rights of access and correction

(12) Nothing in this section limits the right of an individual under any Act to access and
correct personal information about the individual.
 21

Disclosure for research purpose

6. (1) This section applies with respect to the disclosure for a research purpose of personal
information collected by the Minister under section 5.

Circumstances for disclosing personal information

(2) The Minister may disclose collected personal information to a researcher for a research
purpose if the researcher,

(a) submits to the Minister,

(i) an application in writing,

(ii) a research plan that meets the requirements of subsection (3), and

(iii) a copy of the decision of a research ethics board that approves the research
plan; and

(b) enters into an agreement with the Minister that complies with the prescribed
requirements.

Research plan
(3) A research plan must be in writing and must set out,

(a) the affiliation of each person involved in the research;

(b) the nature and objectives of the research and the public or scientific benefit of the
research that the researcher anticipates; and

(c) any other prescribed matters related to the research.

Consideration by board
(4) When deciding whether to approve a research plan that a researcher submits to it, a
research ethics board shall consider the matters that it considers relevant, including,
22

(a) whether the objectives of the research can reasonably be accomplished without using
the personal information that is to be disclosed;

(b) whether, at the time the research is conducted, adequate safeguards will be in place to
protect the privacy of the individuals whose personal information is being disclosed
and to preserve the confidentiality of the information;

(c) the public interest in conducting the research and the public interest in protecting the
privacy of the individuals whose personal information is being disclosed; and

(d) whether obtaining the consent of the individuals whose personal information is being
disclosed would be impractical.

Decision of board
(5) After reviewing a research plan that a researcher has submitted to it, the research ethics
board shall provide to the researcher a decision in writing, with reasons, setting out whether the
board approves the plan, and whether the approval is subject to any conditions, which must be
specified in the decision.

Requirements on researcher
(6) A researcher who receives personal information about an individual under this section
shall,

(a) comply with the conditions, if any, specified by the research ethics board under
subsection (5);

(b) use the information only for the purposes set out in the research plan as approved by
the research ethics board;

(c) not publish the information in a form that could reasonably enable a person to
ascertain the identity of the individual;

(d) not disclose the information except as required by law and subject to the exceptions
and additional requirements, if any, that are prescribed;
 23

(e) not make contact or attempt to make contact with the individual, directly or indirectly,
unless the Minister first obtains the individual’s consent to being contacted;

(f) notify the Minister immediately in writing if the researcher becomes aware of any
breach of this subsection or the agreement described in clause (2) (b);

(g) comply with the agreement described in clause (2) (b); and

(h) comply with the prescribed requirements.

Information and Privacy Commissioner’s review of practices

7. (1) The Information and Privacy Commissioner,

(a) may, from time to time, review the practices of the Minister to determine if the
requirements of sections 5 and 6 have been met; and

(b) shall review the practices and procedures referred to in clause 5 (5) (b) every three
years after they are first approved under subclause 5 (5) (b) (ii) and, after the review,
the Commissioner may renew the approval.

Duty to assist
(2) The Minister shall co-operate with and assist the Information and Privacy Commissioner
in the conduct of a review under subsection (1).

Powers of Information and Privacy Commissioner

(3) The Information and Privacy Commissioner may require the production of such
information and records under the custody or control of the Minister as are relevant to the
subject matter of the review.

Obligation to assist
(4) If the Information and Privacy Commissioner requires production of information or a
record under subsection (3), the Minister shall provide it to the Information and Privacy
Commissioner and, at the request of the Information and Privacy Commissioner, shall provide
whatever assistance is reasonably necessary, including using any data storage, processing or
retrieval device or system to produce a record in readable form.
24

Orders
(5) If, after giving the Minister an opportunity to be heard, the Information and Privacy
Commissioner determines that a practice contravenes section 5 or 6 the Information and Privacy
Commissioner may order the Minister to do any of the following:

1. Discontinue the practice.

2. Change the practice as specified by the Information and Privacy Commissioner.

3. Destroy personal information collected or retained under the practice.

4. Implement a new practice as specified by the Information and Privacy Commissioner.

Limit on certain orders

(6) The Information and Privacy Commissioner may order, under paragraph 2 or 4 of
subsection (5), no more than what is reasonably necessary to achieve compliance with sections 5
and 6.

Offence
8. (1) No person shall,

(a) wilfully use or disclose personal information in contravention of subsection 5 (7); or

(b) wilfully fail to comply with an order made by the Information and Privacy
Commissioner under paragraph 1 or 3 of subsection 7 (5).

Penalty
(2) A person who contravenes subsection (1) is guilty of an offence and on conviction is
liable,

(a) in the case of a first offence, to a fine of not more than $5,000; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000.
 25

Review of information provisions

9. (1) The Minister shall ensure that a review of sections 5 to 8 and any regulations relating
to those sections is commenced within two years after the day subsection 5 (1) comes into force.

Consultation with Information and Privacy Commissioner

(2) The person conducting the review shall consult with the Information and Privacy
Commissioner.

Report
(3) The person conducting the review shall provide the Minister with a report on the review.

Publication
(4) The Minister shall publish the report on the Internet.

PART III
PROVISION OF POLICING

RESPONSIBILITY FOR PROVIDING POLICING

Policing responsibility
10. (1) The police service boards and the Commissioner shall provide adequate and
effective policing in the area for which they have policing responsibility in accordance with the
needs of the population in the area and having regard for the diversity of the population in the
area.

Municipal board policing responsibility

(2) The area for which a municipal board has policing responsibility shall be determined in
accordance with Part IV.

First Nation board policing responsibility

(3) The area for which a First Nation board has policing responsibility shall be specified in
the regulation made under section 32 constituting the board.

Commissioner policing responsibility

(4) The Commissioner has policing responsibility for every area of Ontario that is outside
the areas for which the police service boards have policing responsibility.
26

First Nation reserve in area of policing responsibility

(5) For greater certainty, a municipal board, or the Commissioner, shall provide adequate
and effective policing in accordance with subsection (1) in any First Nation reserve in the area
for which the board or the Commissioner has policing responsibility.

Waterways
(6) A police service board, or the Commissioner, shall provide policing in respect of all
navigable bodies and courses of water in the area for which the board or the Commissioner has
policing responsibility.

Transition
(7) Despite subsections (2) and (5), the Commissioner shall continue to have policing
responsibility for a First Nation reserve that would otherwise be within a municipal board’s area
of policing responsibility if,

(a) the Commissioner provided policing to the First Nation under the Police Services Act
immediately before the day this section came into force; and

(b) no agreement has been made under section 27 to assign policing responsibility for the
reserve to a municipal board.

Adequate and effective policing

11. (1) Adequate and effective policing means all of the following functions provided in
accordance with the standards set out in the regulations, including the standards with respect to
the avoidance of conflicts of interest, and with the requirements of the Canadian Charter of
Rights and Freedoms and the Human Rights Code:

1. Crime prevention.

2. Law enforcement.

3. Maintaining the public peace.

4. Emergency response.
 27

5. Assistance to victims of crime.

6. Any other prescribed policing functions.

Does not include certain functions

(2) Adequate and effective policing does not include,

(a) the enforcement of municipal or First Nation by-laws, other than prescribed by-laws;
and

(b) providing court security in accordance with Part XV.

Exceeding standards
(3) For greater certainty, a police service board or the Commissioner may provide policing
or other services that exceed the standards for adequate and effective policing, including
providing enforcement of by-laws.

Provision by First Nation Officers

(4) If First Nation Officers provide a policing function under an agreement between the
Minister and a First Nation in an area for which a police service board or the Commissioner has
policing responsibility, the police service board or the Commissioner is not responsible for
providing that function to the extent that it is provided by the First Nation Officers.

Prescribed policing provider

12. (1) The regulations may provide that a prescribed policing provider shall provide a
policing function in an area that,

(a) is not among the primary duties of a constable at common law; or

(b) is a specialized policing function.

Provision by prescribed policing providers

(2) The following rules apply if the regulations provide that a prescribed policing provider
shall provide a policing function in an area:
28

1. The prescribed policing provider shall provide the policing function in the area in
accordance with the standards for adequate and effective policing.

2. The police service board, or the Commissioner, that has policing responsibility for the
area,

i. is not responsible for providing the policing function in the area,

ii. shall not provide the policing function in the area if the regulations so
provide, and

iii. shall cooperate with the prescribed policing provider to enable it to perform
the policing function in the area in accordance with the standards for adequate
and effective policing.

USE OF PERSONNEL
Members of police service must provide certain functions
13. (1) Subject to section 14, a police service board must use members of the police service
maintained by the police service board, or persons who are assisting those members while acting
under their direction, to provide policing functions.

Same
(2) Subject to section 14, the Commissioner must use members of the Ontario Provincial
Police, or persons who are assisting those members while acting under their direction, to provide
policing functions.

Alternative provision
Provision by other police service board or the Commissioner
14. (1) If the regulations so provide, a police service board or the Commissioner may
provide a policing function in an area for which the board or the Commissioner has policing
responsibility by entering into an agreement with another police service board or the
Commissioner to provide the policing function in the area with members of that other board’s
police service or members of the Ontario Provincial Police, as applicable, or persons assisting
those members while acting under their direction.
 29

Provision using prescribed entity

(2) If the regulations so provide and subject to subsection (3), a police service board or the
Commissioner may provide a policing function in an area for which the board or the
Commissioner has policing responsibility by entering into an agreement with a prescribed entity
to have the entity provide the policing function in the area.

Provision of certain functions

(3) A police service board or the Commissioner shall only use members of a police service,
or persons assisting those members while acting under their direction, to provide a policing
function that,

(a) is a law enforcement, emergency response or maintaining the public peace policing
function; and

(b) requires the exercise of the powers of a peace officer or a police officer.

Provision by First Nation Officers

(4) An agreement under subsection (2) to have First Nation Officers provide a policing
function in an area may be made even if the regulations do not specifically permit it, and the
regulations cannot specify that such an agreement cannot be made.

Prescribed requirements
(5) A police service board or the Commissioner shall comply with any prescribed
requirements in relation to entering into an agreement under this section.

Minister’s approval required

(6) The Commissioner requires the Minister’s approval to enter into an agreement under
subsection (1) or (2).

Contents of an agreement
(7) An agreement under subsection (1) or (2) must,

(a) identify the policing functions that will be provided under the agreement;

(b) specify whether payment is required for the performance of the policing functions;
30

(c) require the entity to provide information to the police service board or the
Commissioner so that the board or the Commissioner will be able to fulfil their legal
duties to provide reports under this or any other Act;

(d) in the case of an agreement under subsection (2), contain an acknowledgment by the
entity that it is subject to inspection by the Inspector General; and

(e) address any other prescribed matters.

Same
(8) If an agreement under subsection (2) is with a prescribed entity that is not an institution
within the meaning of the Freedom of Information and Protection of Privacy Act or the
Municipal Freedom of Information and Protection of Privacy Act, or is not subject to
comparable legislation in another jurisdiction, it must also address,

(a) access to the records of the entity for the purpose of discharging the obligations of the
police service board or Ministry in relation to subsection (9); and

(b) the protection of personal information in the custody or control of the entity that is
related to the provision of policing functions under the agreement.

Prescribed entity records

(9) If a prescribed entity is not an institution within the meaning of the Freedom of
Information and Protection of Privacy Act or the Municipal Freedom of Information and
Protection of Privacy Act, the entity’s records relating to the provision of policing functions
pursuant to an agreement made under subsection (2) are, for the purposes of the Freedom of
Information and Protection of Privacy Act or the Municipal Freedom of Information and
Protection of Privacy Act, as applicable, deemed to be in the custody and control of,

(a) the police service board, in the case of an agreement with a police service board; or

(b) the Ministry, in the case of an agreement with the Commissioner.

Non-application
(10) Subsections (8) and (9) do not apply to an entity if subsection 97 (9) applies to the
entity.
 31

Copy to Inspector General

(11) The police service board or the Commissioner shall provide a copy of every agreement
made under subsection (1) or (2) to the Inspector General.

Compliance with prescribed requirements

(12) A prescribed entity shall comply with any prescribed requirements in relation to the
collection, use or disclosure of personal information.

Responsibility of board or Commissioner

(13) The police service board or the Commissioner, as applicable, shall ensure,

(a) that the policing provided pursuant to an agreement made under subsection (1) or (2)
meets the standards for adequate and effective policing; and

(b) in the case of an agreement made under subsection (2), that the prescribed entity
complies with subsection (12).

Personnel to meet prescribed qualifications

15. The Commissioner, every police service board and every prescribed policing provider
shall ensure that any people used to provide a policing function meet the prescribed
qualifications, if any.

SPECIAL AREAS
Special areas, provision of policing by Commissioner
16. (1) If, because of the establishment of a business or for any other reason, special
circumstances or abnormal conditions in an area make it inequitable, in the Minister’s opinion,
to impose the responsibility for policing on a police service board or the Commissioner, the
Lieutenant Governor in Council may make regulations designating the area as a special area.

Agreement for provision of policing

(2) The person who operates the business or owns the special area shall enter into a written
agreement with a police service board or with the Minister with respect to the cost of providing
adequate and effective policing in the special area.

Failure to enter into agreement

(3) If the person who operates the business or owns the special area does not enter into an
agreement as subsection (2) requires, the Commissioner or police service board that has policing
32

responsibility for the area shall provide adequate and effective policing in the area and charge
the policing costs to the person.

Recovery of costs
(4) Subsections 19 (8) to (11) apply with necessary modifications to the charges referred to
in subsection (3) of this section.

ADDITIONAL SERVICES AND EXTRA POLICING

Additional services
17. (1) A police service board may enter into a written agreement with a municipality or
with any other person to provide policing that is not required as a component of adequate and
effective policing, or to provide other specified services, in the area.

Same
(2) The Minister may enter into a written agreement with a municipality or with any other
person to have the Commissioner provide policing that is not required as a component of
adequate and effective policing, or to provide other specified services, in the area.

Extra policing cost

18. (1) A person who causes a temporary increase in the cost of providing adequate and
effective policing in an area by organizing an event, such as a parade or festival, engaging in an
activity that involves the closure of a highway, engaging in a commercial enterprise or engaging
in any other prescribed activity, may be charged for the cost of that temporary increase by,

(a) a police service board, if its police service provided the policing; or

(b) the Minister, if the Commissioner provided the policing.

Agreement
(2) The police service board or the Minister may enter into an agreement with the person
referred to in subsection (1) to recover the increase in the cost of providing adequate and
effective policing.

No agreement as to cost
(3) If no agreement has been entered into with respect to the cost of the services provided,
subsections 19 (8) to (11) apply with necessary modifications to the recovery of the increase in
the cost of providing adequate and effective policing.
 33

TEMPORARY ASSISTANCE AND EMERGENCIES

Request for temporary assistance
19. (1) A police service board may, by resolution, request temporary assistance in
providing adequate and effective policing from another police service board, the Commissioner
or an entity that employs First Nation Officers.

Same, Commissioner
(2) The Commissioner may request temporary assistance in providing adequate and
effective policing from a police service board or an entity that employs First Nation Officers.

Temporary assistance notice

(3) If a police service board or the Commissioner makes a request for temporary assistance
under this section,

(a) he, she or it shall provide notice of the request as soon as possible to the Inspector
General and, in the case of a request by the Commissioner, to the Minister; and

(b) the police service board, the Commissioner or the entity that employs First Nation
Officers who agrees to provide temporary assistance shall provide notice of that
agreement as soon as possible to the Inspector General and, in the case of a request by
the Commissioner, to the Minister.

Request of chief of police in emergency

(4) A chief of police may request that the Commissioner, another chief of police or an entity
that employs First Nation Officers provide emergency assistance with policing if the chief of
police is of the opinion that an emergency exists in the area for which the police service board
has policing responsibility or, in the case of the Commissioner, the area for which he or she has
policing responsibility.

Emergency assistance notice

(5) If a chief of police makes a request under subsection (4),

(a) he or she shall provide notice of the request as soon as possible to the Inspector
General and, in the case of a request by the Commissioner, to the Minister; and
34

(b) the Commissioner, other chief of police or entity that employs First Nation Officers
who agrees to provide emergency assistance shall notify the Inspector General of the
agreement as soon as possible.

Rules
(6) The following rules apply to requests for temporary or emergency assistance made under
this section:

1. If the request is made to the Commissioner, he or she shall provide such temporary or
emergency assistance as he or she considers necessary and shall stop providing the
assistance when he or she considers it appropriate to do so.

2. If the request is made to a police service board, a chief of police other than the
Commissioner or an entity that employs First Nation Officers, the board, chief or
entity may,

i. decline to provide the assistance, or

ii. provide such temporary or emergency assistance as he, she or it considers

necessary and stop providing the assistance when he, she or it considers it
appropriate to do so.

May include policing functions

(7) Despite section 13, temporary or emergency assistance provided under this section may
include the provision of policing functions.

Cost, police service board or entity

(8) If no agreement has been entered into with respect to the cost of the temporary or
emergency assistance provided under this section, the police service board, or entity that
employs First Nation Officers, that provided the assistance may certify the cost of the assistance
provided, and the cost shall be paid by the requesting police service board or, in the case of a
request by the Commissioner, by the Minister.

Same
(9) An amount owed to a police service board or to an entity that employs First Nation
Officers for providing temporary or emergency assistance under this section, if not collected by
other means, may be recovered by a court action as a debt due to the police service board or
entity, respectively.
 35

Dispute
(10) A debtor may dispute the amount claimed in a court action commenced under
subsection (9), and the court shall determine the issue and make such order as it considers
appropriate in the circumstances.

Cost, Commissioner
(11) Section 65 applies to the cost of temporary or emergency assistance provided by the
Commissioner.

Cost, chief of police request

(12) Subsections (8) to (11) apply to a request by a chief of police, other than the
Commissioner, for emergency assistance under subsection (5) as if the request was made by the
chief’s police service board.

Inspector General powers

20. (1) The Inspector General may make an order requiring a police service board or the
Commissioner to provide policing in an area if he or she finds that adequate and effective
policing is not being provided in the area or that an emergency exists in the area.

Rules
(2) The following rules apply to orders made under subsection (1):

1. If the order is made to the Commissioner, he or she shall provide policing in the area
until the Inspector General determines otherwise.

2. If the order is made to a police service board, the board may,

i. decline to provide the policing, or

ii. provide policing in the area as it considers necessary and stop providing the
policing when it considers it appropriate to do so.

Cost
(3) If a police service board, or the Commissioner, is ordered by the Inspector General to
provide policing in an area under this section, the cost of the policing may be charged to the
36

police service board, or the Commissioner, that failed to provide the policing, and subsections
19 (8) to (11) apply with necessary modifications to the recovery of the cost of the policing.

Emergencies
21. (1) In an emergency, the Minister may make an agreement with the Crown in right of
Canada, or of another province, or with any of its agencies for the provision of policing.

Authority to act as police officers

(2) The agreement authorizes all peace officers to whom it relates to act as police officers in
the area to which the agreement relates.

Application
(3) For the purposes of the insurance plan established under the Workplace Safety and
Insurance Act, 1997, the relationship between a member of a police service and the body that
employs him or her continues as if an agreement had not been made under this section.

Expense of calling out Canadian Forces

(4) If the services of the Canadian Forces are provided under this section, the municipality
in whose territory the services are required shall pay all the related expenses.

Resignation during emergency prohibited

(5) Subject to section 33 of the National Defence Act (Canada), while an agreement made
under this section is in force, no member of a police service that has policing responsibility for
the area to which the agreement relates shall resign without the consent of the chief of police.

PART IV
MUNICIPAL POLICING AND POLICE SERVICE BOARDS
METHODS OF PROVIDING MUNICIPAL POLICING
Methods of providing municipal policing
22. (1) Subject to subsection (2), every municipality may, with the approval of the Minister,
do one of the following:

1. Constitute a municipal board to have policing responsibility for the municipality.

 37

2. Enter into a written agreement under section 23 with one or more other municipalities
to amalgamate their police services and jointly constitute a municipal board to have
policing responsibility for the municipalities.

3. Enter into a written agreement under section 24 with one or more other municipalities
to jointly constitute a municipal board to have policing responsibility for the
municipalities.

4. Enter into a written agreement under section 26 with another municipality to have that
municipality’s municipal board assume policing responsibility for the municipality.

5. Enter into a written agreement with a First Nation board to have the board assume
policing responsibility for the municipality by requesting an amendment to the
regulation that constituted the board under section 32.

Same — different methods in one municipality

(2) In the circumstances listed in subsection (3) and with the Minister’s approval, the
municipality may allow policing to be provided in more than one way in different areas of the
municipality by doing either or both of the following:

1. Providing policing in different ways in different areas by doing more than one of the
actions listed in subsection (1).

2. Entering into an agreement with the Minister to have the Commissioner assume
policing responsibility for the area.

Circumstances
(3) Subsection (2) applies if,

(a) the municipality consists of two or more widely dispersed communities or contains,
within its boundaries, one or more communities that are remote from the rest of the
municipality, and the policing responsibility will be split among those communities;
or

(b) policing has historically been provided to one or more discrete areas of the
municipality in a manner that is different from the manner policing is provided in the
rest of the municipality, and the split will continue that historic difference.
38

Only one municipal board to be constituted

(4) Subsection (2) does not permit a municipality to constitute or jointly constitute more
than one municipal board.

Criteria for Minister’s approval

(5) The Minister may approve an arrangement to provide policing under subsection (1) or
(2) if the Minister is satisfied that,

(a) the arrangement will result in the provision of adequate and effective policing in the
municipality for the foreseeable future; and

(b) any prescribed requirements are satisfied.

Same, non-contiguous areas

(6) If the arrangement to provide policing under subsection (1) or (2) involves the delivery
of policing by one police service board to two or more areas that are not contiguous, the
Minister shall ensure that the effect, if any, of the areas not being contiguous is considered while
making the determination described in clause (5) (a).

Maintaining police service

(7) Every municipal board shall maintain a police service and, for greater certainty, shall not
maintain more than one police service.

Subject to other boards and agreements

(8) The area for which a municipal board has policing responsibility is subject to the areas
of policing responsibility of First Nation boards and to agreements made under section 27 or 76.

Transition
(9) Despite subsection (1), any police service board that provided policing immediately
before the day subsection (1) came into force,

(a) continues to exist, even without the Minister’s approval; and

 39

(b) does not require the approval of the Minister to continue providing policing in
substantially the same manner as it provided it immediately before the day subsection
(1) came into force.

Same
(10) Despite subsection (2), if policing was provided in different manners in discrete areas
of the municipality in accordance with the Police Services Act immediately before the day
subsection (2) came into force, policing may continue to be provided in those manners without
the Minister’s approval.

Amalgamation of police services

23. (1) Multiple municipalities that have municipal boards may enter into a written
agreement to amalgamate their police services and jointly constitute a new municipal board.

Authorization required
(2) The agreement must be authorized by by-laws of the participating municipalities and
requires the approval of the Minister.

Contents of amalgamation agreement

(3) The agreement must specify,

(a) the composition of the police service board, including,

(i) whether the board will be composed of five, seven or nine members,

(ii) which municipality shall be entitled to have its head be a member of the board
under clause 31 (4) (a), (5) (a) or (6) (a),

(iii) which municipality shall appoint a member if the head described in subclause
(ii) refuses or is not eligible to become a member of the board, and

(iv) which municipality shall appoint the members of the board under clauses 31
(4) (b) and (c), (5) (b) and (c) or (6) (b) and (c) or how those appointments
shall be allocated among the municipalities;

(b) the amalgamation of the police services and the appointment or transfer of their
members;
40

(c) the municipal board’s use of the assets and its responsibility for the liabilities
associated with the amalgamated police services;

(d) the responsibilities of the different municipalities in relation to the estimates of the
police service board and the establishing of the budget for the board;

(e) how the municipalities will jointly discharge the duties of a municipality with respect
to the municipal board; and

(f) any other matter that is necessary or advisable to effect the amalgamation.

Exception, appointments
(4) Appointments to a municipal board for an amalgamated police service may be made
before the agreement takes effect.

Application of other requirements

(5) Subject to the regulations, the provisions of this Act that apply to municipal boards
apply, with necessary modifications, to joint municipal boards constituted under this section.

Agreement to jointly constitute municipal board

24. (1) Multiple municipalities may enter into a written agreement to jointly constitute a
municipal board.

Authorization required
(2) The agreement must be authorized by by-laws of the participating municipalities and
requires the approval of the Minister.

Required contents
(3) The agreement must specify,

(a) the composition of the police service board, including,

(i) whether the board will be composed of five, seven or nine members,
 41

(ii) which municipality shall be entitled to have its head be a member of the board
under clause 31 (4) (a), (5) (a) or (6) (a),

(iii) which municipality shall appoint a member if the head described in subclause
(ii) refuses or is not eligible to become a member of the board, and

(iv) which municipality shall appoint the members of the board under clauses 31
(4) (b) and (c), (5) (b) and (c) or (6) (b) and (c) or how those appointments
shall be allocated among the municipalities;

(b) the responsibilities of the different municipalities in relation to the estimates of the
police service board and the establishing of the budget for the board;

(c) how the municipalities will jointly discharge the duties of a municipality with respect
to the municipal board; and

(d) any other matter that is necessary or advisable to effect the constitution of the police
service board.

Application of other requirements

(4) Subject to the regulations, the provisions of this Act that apply to municipal boards
apply, with necessary modifications, to joint municipal boards constituted under this section.

Other municipal boards

Application
25. (1) This section applies to any municipality, as defined in subsection 1 (1) of the
Municipal Act, 2001, that is not listed in the definition of a municipality in subsection 2 (3) of
this Act.

Ability to constitute municipal board

(2) A municipality described in subsection (1) may, with the Minister’s approval, constitute
a municipal board to have policing responsibility for the municipality.

Criteria for Minister’s approval

(3) The Minister may approve the new municipal board under subsection (2) if he or she is
satisfied that the new board will provide adequate and effective policing for the foreseeable
future.
42

Same
(4) Without restricting the matters the Minister may consider when deciding whether to
approve a municipal board under subsection (3), the Minister shall consider the effect of the
approval on the entity that would otherwise have policing responsibility for the area and on any
other municipalities that might be affected by the decision.

Agreements for provision of policing between municipalities

26. (1) Two municipalities may enter into a written agreement to have one of the
municipalities’ municipal boards assume policing responsibility for the municipality.

Advisors to municipal board

(2) The municipality that receives policing pursuant to an agreement made under subsection
(1) may select a person to advise the other municipality’s board with respect to the preparation
of its strategic plan.

Term of office
(3) The term of office for a person selected to advise another municipality’s board shall be
set by the municipality when the person is selected, but shall not exceed the term of office of the
municipal council that selected him or her.

Same, reappointment
(4) A person selected to advise another municipality’s board may continue to sit after the
expiry of the term of office of the municipal council that selected him or her until the selection
of his or her successor, and is eligible for reappointment.

Protection from liability

(5) No action or other proceeding for damages shall be instituted against a person selected
to advise another municipality’s board for any act done in good faith in the execution or
intended execution of any duty imposed or power conferred by this Act or for any alleged
omission in the execution in good faith of that duty or power.

Termination requirements
(6) A municipality that has entered into an agreement under subsection (1) shall comply
with the prescribed requirements, if any, respecting termination of the agreement.
 43

Agreement with First Nation to provide policing

27. (1) A municipality may, with the Minister’s approval, enter into a written agreement
with a band council of a First Nation to assign policing responsibility for a First Nation reserve
that is not within a First Nation board’s area of policing responsibility to the municipal board.

Required contents
(2) An agreement under subsection (1) shall address the policing and other services to be
provided, the area in which they will be provided and the level at which they will be provided.

Effect on area of policing responsibility

(3) When the agreement comes into effect,

(a) the First Nation reserve shall become part of the municipal board’s area of policing
responsibility, if it was not already part of that area; and

(b) any other entity that previously had policing responsibility for the area no longer has
that responsibility.

Termination requirements
(4) A municipality that has entered into an agreement under subsection (1) shall comply
with the prescribed requirements, if any, respecting termination of the agreement.

MUNICIPAL DIVERSITY PLANS

Diversity plan
28. (1) Every municipality that maintains a municipal board shall prepare and, by
resolution, approve a diversity plan to ensure that the members of the municipal board appointed
by the municipality are representative of the diversity of the population in the municipality.

Publication
(2) The plan shall be published on the Internet in accordance with the regulations made by
the Minister, if any.

Review and revision

(3) The municipality shall review and, if appropriate, revise the plan at least once every four
years.
44

Report
(4) The municipality shall publish reports on the implementation of the plan on the Internet
in accordance with the regulations made by the Minister, if any.

Transition
(5) A municipality’s first diversity plan under subsection (1) shall be approved before the
later of,

(a) 12 months after the day this section comes into force; and

(b) 12 months after the municipality constitutes its municipal board.

Promotion of appointments by municipality

29. (1) If the need to appoint a new member of a police service board by resolution of a
municipality is reasonably foreseeable, the municipality shall take reasonable steps to promote
the availability of the appointment to members of demographic groups that have been
historically underrepresented on police service boards, including racialized groups and First
Nation, Inuit and Métis communities.

Promotion by Minister
(2) The Minister shall take reasonable steps to promote the availability of public
appointments to police service boards to members of demographic groups that have been
historically underrepresented on police service boards, including racialized groups and First
Nation, Inuit and Métis communities.

Reports by Minister
(3) The Minister shall publish an annual report on the Internet on the steps taken to ensure
that public appointees to municipal boards reflect the diversity of the population in the area for
which the municipal boards have policing responsibility.

Definition
(4) In this section,

“public appointment” means an appointment by the Lieutenant Governor in Council or the

Minister, and “public appointee” has a corresponding meaning.
 45

Dissolution of municipal board

30. (1) A municipality that maintains a municipal board may, with the approval of the
Minister, dissolve the board.

Criteria for Minister’s approval

(2) The Minister may approve the dissolution if he or she is satisfied that appropriate
arrangements have been made for the provision of adequate and effective policing in the area
after the board is dissolved.

Inspector General
(3) The Minister may ask the Inspector General to investigate a municipality and report on
whether appropriate arrangements have been made for the provision of adequate and effective
policing in the affected area if the municipal board is dissolved.

MUNICIPAL BOARDS
Municipal boards
Name
31. (1) A municipal board shall be known as (insert name of municipality) Police Service
Board and may also be known as Commission de service de police de (insert name of
municipality).

Number of board members

(2) The municipal board shall be composed of five members unless the municipality passes
a resolution to change the number of members under subsection (3).

Resolution to determine board size

(3) The municipality may determine, by resolution, that its municipal board shall be
composed of five, seven or nine members.

Five-member boards
(4) A municipal board that is composed of five members shall consist of,

(a) the head of the municipal council or, if the head chooses not to be or is ineligible to be
a member of the board, another member of the municipal council appointed by
resolution of the municipality;

(b) one member of the municipal council appointed by resolution of the municipality;
46

(c) one person appointed by resolution of the municipality, who is neither a member of
the municipal council nor an employee of the municipality; and

(d) two persons appointed by the Lieutenant Governor in Council.

Seven-member boards
(5) A municipal board that is composed of seven members shall consist of,

(a) the head of the municipal council or, if the head chooses not to be or is ineligible to be
a member of the board, another member of the municipal council appointed by
resolution of the municipality;

(b) two members of the municipal council appointed by resolution of the municipality;

(c) one person appointed by resolution of the municipality, who is neither a member of
the municipal council nor an employee of the municipality; and

(d) three persons appointed by the Lieutenant Governor in Council.

Nine-member boards
(6) A municipal board that is composed of nine members shall consist of,

(a) the head of the municipal council or, if the head chooses not to be or is ineligible to be
a member of the board, another member of the municipal council appointed by
resolution of the municipality;

(b) three members of the municipal council appointed by resolution of the municipality;

(c) one person appointed by resolution of the municipality, who is neither a member of
the municipal council nor an employee of the municipality; and

(d) four persons appointed by the Lieutenant Governor in Council.

 47

L.G. in C. vacancies
(7) If the position of a member of a municipal board appointed by the Lieutenant Governor
in Council becomes vacant, the Minister may appoint a replacement to act until the Lieutenant
Governor in Council makes a new appointment.

Reduced size
(8) If the municipality reduces the size of its municipal board,

(a) the appointments for all members of the board are terminated; and

(b) the Lieutenant Governor in Council and the municipality, as applicable, shall appoint
new members of the board to meet the requirements set out in subsections (4) to (6),
which may include reappointments for some of the terminated members.

Increased size
(9) If the municipality increases the size of its municipal board, the appointments for all
members of the board continue and new members shall be appointed to meet the requirements
set out in subsections (4) to (6).

Not enough eligible municipal council members

(10) If the requirements of clause (4) (a), (4) (b), (5) (a), (5) (b), (6) (a) or (6) (b) cannot be
satisfied because not enough members of the municipal council are eligible to be members of
the board, the municipality may, instead, appoint persons who are neither a member of the
municipal council nor an employee of the municipality to the extent necessary to ensure that the
full number of persons are appointed under those clauses.

Transition, existing members

(11) Subject to subsection (12), the members of the municipal board who are in office
immediately before the day this subsection comes into force shall continue in office as members
of the board until the expiration of the terms for which they were appointed.

Same
(12) A member of the municipal board appointed by resolution of a municipality who is in
office immediately before the day this subsection comes into force may continue to sit after the
expiry of his or her term of office until the appointment of his or her successor.
48

Transition, existing boards

(13) Despite subsection (2), a municipal board may continue to have the number of
members that it had under the Police Services Act until the earlier of,

(a) the day the municipality passes a resolution under subsection (3); or

(b) the day that a new municipal council is organized following the first regular municipal
election after the day this subsection comes into force.

Same
(14) If the municipality does not pass a resolution under subsection (3) before the day
referred to in clause (13) (b), subsection (2) will begin applying to the municipal board on that
day and,

(a) if the application of subsection (2) has the effect of reducing the number of members
of the municipal board, the procedure in subsection (8) shall be followed; and

(b) if the application of subsection (2) has the effect of increasing the number of members
of the municipal board, the procedure in subsection (9) shall be followed.

FIRST NATION BOARDS

First Nation boards
32. (1) A band council of a First Nation may request that the Minister constitute a First
Nation board to provide adequate and effective policing in a First Nation reserve or any other
specified area.

Joint request
(2) Multiple band councils may jointly make a request to constitute a board under
subsection (1).

Application to joint boards

(3) Subject to the regulations, the provisions of this Act that apply to First Nation boards
apply, with necessary modifications, to joint First Nation boards.

Contents of request
(4) A request made under subsection (1) must specify,
 49

(a) the area for which the proposed board would have policing responsibility;

(b) the composition of the proposed board;

(c) the method of appointing members of the proposed board;

(d) the name of the proposed board; and

(e) the proposed term of office of members of the proposed board.

Minister’s request
(5) The Minister may request any additional information from the band council to assist in
the Minister’s consideration of the request.

Considerations
(6) The Minister shall consider the request made under subsection (1) and determine
whether or not to constitute the board, having regard to the possibility of funding or other
assistance being provided to the board and any other prescribed matters.

First Nation board regulations

(7) The Minister may make regulations,

(a) constituting a First Nation board to have policing responsibility for the requested area;

(b) governing the composition of the First Nation board;

(c) specifying the name of the First Nation board;

(d) governing appointments to the First Nation board;

(e) governing the term of office of members of the First Nation board.
50

Consistency with request

(8) A regulation made under subsection (7) must be consistent with the request made under
subsection (1).

Maintaining police service

(9) Every First Nation board shall maintain a police service and, for greater certainty, shall
not maintain more than one police service.

Considerations for amendment or revocation

(10) In determining whether to amend or revoke a regulation made under subsection (7), the
Minister shall consider,

(a) the importance of First Nations determining the means by which culturally responsive
policing is provided on their First Nation reserves; and

(b) the effect of the revocation or amendment on the long-term viability of providing
policing through First Nation boards.

Limitation on amendment or revocation

(11) The Minister shall not amend or revoke a regulation made under subsection (7) unless
the Minister is satisfied that appropriate arrangements that satisfy any prescribed requirements
have been made for the First Nations that are in the First Nation board’s area of policing
responsibility to receive adequate and effective policing after the amendment or revocation takes
effect and at least one of the following conditions is met:

1. The amendment or revocation is consistent with a request from all of the band
councils of the First Nations that are in the First Nation board’s area of policing
responsibility.

2. There has been a material change in the circumstances on which the regulation is
based.

3. The First Nation board was dissolved under section 126.

4. The amendment is required to give effect to an agreement between the First Nation
board and a municipality to have the First Nation board assume policing responsibility
for the municipality.
 51

5. The amendment is editorial or technical in nature.

Limitation on revocation
(12) In addition to the requirements set out in subsection (11), the Minister shall not revoke
a regulation made under subsection (7) unless he or she is satisfied that,

(a) the police service board and the members of the police service have made an
agreement dealing with severance pay; or

(b) the issue of severance pay has been referred to arbitration.

Arbitration
(13) If the issue of severance pay cannot be referred to arbitration under Part XIII, the board
or the members of the police service may apply to the Commission Chair to appoint an
arbitrator.

Extension to other First Nation reserve

(14) In addition to the requirements set out in subsection (11), the Minister shall not amend
a regulation made under subsection (7) to increase a First Nation board’s area of policing
responsibility to include the First Nation reserve of another First Nation unless the amendment
is consistent with a request from all of the First Nations whose reserves will be included in the
increased area.

Same, notice and comments

(15) If the Minister intends to amend or revoke a regulation made under subsection (7) in a
manner that is not consistent with a request described in paragraph 1 of subsection (11), the
Minister shall provide notice containing a description of the proposed regulation to the First
Nation board and to the band councils of the First Nations that are in the First Nation board’s
area of policing responsibility and provide an opportunity for them to comment on it in writing.

Same, written reasons

(16) If the Minister decides to amend or revoke the regulation after considering the
comments provided under subsection (15), the Minister shall provide written reasons for his or
her decision to the entities that received the notice.
52

Agreements with First Nation boards

(17) The Minister may enter into a written agreement with a First Nation board to provide it
with funding or other assistance, including funding with respect to the enforcement of First
Nation by-laws, subject to such terms or conditions as may be specified in the agreement.

Other matters
(18) An agreement under subsection (17) may address any other matters, including the
mediation, arbitration or resolution of disputes that may arise in relation to the agreement.

No contracting out of arbitration

(19) For greater certainty, an agreement under subsection (17) cannot override the
arbitration process set out in section 51.

APPOINTMENT OF POLICE SERVICE BOARD MEMBERS

Appointment
Considerations
33. (1) In appointing or reappointing a member of a police service board, the appointing
person or body shall consider,

(a) the need to ensure that the police service board is representative of the area it serves,
having regard for the diversity of the population in the area;

(b) the need for the police service board to have members with the competencies
prescribed by the Minister, if any; and

(c) any applicable diversity plan.

Police record check

(2) The appointing person or body must consider the results of a potential appointee’s police
record check that was prepared within the past 12 months before appointing him or her as a
member of a police service board.

Revocation of appointments
(3) For greater certainty, the power to appoint a member of a police service board includes
the power to revoke the appointment and to appoint a replacement.
 53

Other ineligible persons

(4) The following persons are not eligible to be members of a police service board:

1. A judge or justice of the peace.

2. A member of a police service, a special constable or a First Nation Officer.

3. Any person who practises criminal law as a defence counsel or as a prosecutor.

4. A director, officer or employee of a prescribed policing provider.

Former members of a police service

(5) A former member of a police service is not eligible to be a member of a police service
board unless,

(a) the police service board does not maintain a police service that the person was a
member of; and

(b) at least two years have passed since the person ceased to be a member of any police
service.

Seat vacated by ineligibility

(6) A member of a police service board shall vacate his or her seat if he or she becomes
ineligible to be on the board.

Notice of vacancies
(7) If a seat becomes vacant, the police service board shall notify the person or body
responsible for appointing a replacement.

Ministerial recommendations
(8) The Minister shall make recommendations to the Lieutenant Governor in Council
regarding appointments to police service boards in accordance with the regulations, if any.
54

Transition
(9) Subsections (4) and (5) do not prevent a person who was a member of a police service
board immediately before those subsections came into force from serving the remainder of their
term.

Members appointed by municipality

Term of office
34. (1) The term of office for a member of a municipal board appointed by resolution of a
municipality shall be set out by the municipality in his or her appointment, but shall not exceed
the term of office of the municipal council that appointed the member.

Same
(2) A member of a municipal board appointed by resolution of a municipality may continue
to sit until the earlier of,

(a) six months after the expiry of his or her term of office; or

(b) the day the member’s successor is appointed by the municipality.

Vacancy
(3) If the position of a member of a municipal board who is appointed by resolution of a
municipality or who holds office by virtue of being the head of a municipality becomes vacant,
the board shall notify the municipality and the municipality shall appoint a replacement.

Remuneration
(4) The members of the municipal board who are appointed by the Lieutenant Governor in
Council or by the Minister shall be remunerated in accordance with the regulations made by the
Minister.

Oath, training and conduct

Oath of office
35. (1) A member of a police service board shall, at the time of his or her appointment as a
member of the board, take an oath or affirmation of office in the form prescribed by the
Minister.

Required training
(2) A member of a police service board or of a committee of the board shall successfully
complete the following training:
 55

1. The training approved by the Minister with respect to the role of a police service
board and the responsibilities of members of a board or committee.

2. The training approved by the Minister with respect to human rights and systemic
racism.

3. The training approved by the Minister that promotes recognition of and respect for,

i. the diverse, multiracial and multicultural character of Ontario society, and

ii. the rights and cultures of First Nation, Inuit and Métis Peoples.

4. Any other training prescribed by the Minister.

If training not completed

(3) A member of a police service board or committee shall not exercise the powers or
perform the duties of a board or committee member until the member has successfully
completed the training described in paragraph 1 of subsection (2).

Same
(4) A member of a police service board or committee shall not continue to exercise the
powers or perform the duties of their position after the period prescribed by the Minister
following their appointment until the member has successfully completed the training described
in paragraphs 2 and 3 of subsection (2).

Same
(5) The regulations made by the Minister may provide that a member of a police service
board or committee shall not exercise specified powers or perform specified duties, or shall not
continue to exercise specified powers or perform specified duties, until the member has
completed specified training prescribed under paragraph 4 of subsection (2) within the timeline
set out in the regulations.

Code of conduct
(6) Every member of a police service board shall comply with the prescribed code of
conduct.
56

Election of chair
36. (1) The members of a police service board shall elect a chair at the board’s first meeting
in each year.

Vice-chair
(2) The members of a police service board may also elect a vice-chair at the first meeting in
each year, and the vice-chair shall act as the chair if the chair is absent or if the chair’s position
is vacant.

POLICE SERVICE BOARD DUTIES AND POWERS

Police service board duties
37. (1) A police service board shall,

(a) provide adequate and effective policing in the area for which it has policing
responsibility as required by section 10;

(b) employ members of the police service;

(c) appoint members of the police service as police officers;

(d) recruit and appoint the chief of police and any deputy chief of police and determine
their remuneration and working conditions, taking their submissions into account;

(e) prepare and adopt a diversity plan to ensure that the members of the police service
reflect the diversity of the area for which the board has policing responsibility;

(f) monitor the chief of police’s performance;

(g) conduct a review of the chief of police’s performance at least annually in accordance
with the regulations made by the Minister, if any;

(h) monitor the chief of police’s decisions regarding the restrictions on secondary
activities set out in section 89 and review the reports from the chief of police on those
decisions;
 57

(i) monitor the chief of police’s handling of discipline within the police service;

(j) ensure that any police facilities, including police lock-ups, owned by the board
comply with the prescribed standards, if any; and

(k) perform such other duties as are assigned to it by or under this or any other Act,
including any prescribed duties.

Prescribed standards
(2) A police service board shall comply with the prescribed standards, if any, with respect to
the exercise of its powers and the performance of its duties under this Act.

Transition
(3) Any police force maintained by a board that was in existence under the Police Services
Act immediately before that Act was repealed continues as a police service maintained by a
police service board under this Act, and any member of the police force at that time, including
the chief of police and any deputy chief of police, continues to be a member of the police service
under this Act.

Police service board policies

38. (1) A police service board shall establish policies respecting,

(a) the administration of the police service;

(b) the provision of adequate and effective policing in accordance with the needs of the
population of the area for which it has policing responsibility;

(c) disclosure by the chief of police of personal information about individuals;

(d) disclosure of secondary activities under section 89 and decisions under that section;

(e) the handling of discipline within the police service;

58

(f) subject to subsection (4), the indemnification of members of the police service for
legal costs; and

(g) any other prescribed matters.

Other policies
(2) In addition to the policies required by subsection (1), a police service board may
establish policies respecting any other matters related to the police service or the provision of
policing.

Consultations and considerations

(3) A First Nation board that has policing responsibility for a First Nation reserve shall,

(a) consult a person identified by the band council regarding the cultural traditions of the
First Nation before establishing a policy under clause (1) (b); and

(b) consider the cultural traditions of the First Nation while establishing the policy.

Indemnification policy
(4) The police service board is not required to establish a policy described in clause (1) (f) if
it is required to indemnify members of the police service in accordance with an agreement under
Part XIII.

No policies for certain matters

(5) The police service board shall not make policies with respect to specific investigations,
the conduct of specific operations, the management or discipline of specific police officers or
other prescribed matters.

Other limitations on policies

(6) The police service board shall not make policies that would,

(a) require a member of the police service to do something or refrain from doing
something where this would be inconsistent with his or her duties under this Act or
the regulations; or
 59

(b) prohibit a member of the police service from attempting to collect information for the
purpose of investigating an offence or assisting with the prosecution of an offence.

Publication
(7) The police service board shall publish the policies referred to in subsections (1) and (2)
on the Internet in accordance with the regulations made by the Minister, if any.

Strategic plan
39. (1) The police service board shall, in accordance with the regulations, if any, prepare
and adopt a strategic plan for the provision of policing, which shall address at least the following
matters:

1. How the police service board will ensure the provision of adequate and effective
policing in accordance with the needs of the population of the area.

2. The objectives, priorities and core functions of the police service.

3. Quantitative and qualitative performance objectives and indicators of outcomes

relating to,

i. the provision of community-based crime prevention initiatives, community

patrol and criminal investigation services,

ii. community satisfaction with the policing provided,

iii. emergency calls for service,

iv. violent crime and clearance rates for violent crime,

v. property crime and clearance rates for property crime,

vi. youth crime and clearance rates for youth crime,

vii. police assistance to victims of crime and re-victimization rates,

60

viii. interactions with persons described in paragraphs 4 and 5 of this subsection,

ix. road safety, and

x. any other prescribed matters.

4. Interactions with,

i. youths,

ii. members of racialized groups, and

iii. members of First Nation, Inuit and Métis communities.

5. Interactions with persons who appear to have a mental health condition.

6. Information technology.

7. Resource planning.

8. Police facilities.

9. Any other prescribed matters.

Same
(2) The strategic plan must also provide an overview of the consultations that were
conducted under subsection (3) and state whether and, if applicable, how the needs and concerns
regarding policing identified during the consultations have been addressed by the plan.

Consultations
(3) In preparing or revising the strategic plan, the police service board shall consult with,
 61

(a) the chief of police;

(b) the municipal council of any municipalities in the board’s area of policing
responsibility;

(c) the band councils of any First Nations in the board’s area of policing responsibility;

(d) groups representing diverse communities in the board’s area of policing

responsibility;

(e) school boards, community organizations, businesses and members of the public in the
board’s area of policing responsibility; and

(f) any other prescribed persons, organizations or groups.

Considerations
(4) In preparing or revising the strategic plan, the police service board shall consider, at a
minimum,

(a) the results of the consultations conducted under subsection (3);

(b) any community safety and well-being plans adopted by the municipalities or First
Nations that are in the board’s area of policing responsibility; and

(c) the needs of members of diverse communities in the board’s area of policing
responsibility, including the needs of members of racialized groups and of First
Nation, Inuit and Métis communities.

Review and revision

(5) The police service board shall review and, if appropriate, revise the strategic plan in
accordance with the regulations, if any, at least once every four years.

Publication
(6) The police service board shall publish the strategic plan on the Internet in accordance
with the regulations made by the Minister, if any.
62

Police service board directions

40. (1) The police service board may give directions to the chief of police.

No direction to other members of the police service

(2) For greater certainty, the police service board shall not direct members of the police
service other than the chief of police.

No direction by individual members of the board

(3) No individual member of a police service board shall direct the chief of police or, for
greater certainty, any other member of the police service.

No directions for certain matters

(4) The police service board shall not direct the chief of police with respect to specific
investigations, the conduct of specific operations, the discipline of specific police officers, the
routine administration of the police service or other prescribed matters.

Other information serves purpose

(5) The police service board shall not direct the chief of police to provide personal
information to the board under subsection (1) if other information will serve the purpose for
which the information is to be used.

Personal information limited to what is reasonably necessary

(6) The police service board shall not direct the chief of police to provide more personal
information to the board under subsection (1) than is reasonably necessary to meet the purpose
for which the information is to be used.

Other limitations on directions

(7) The police service board shall not direct the chief of police to do anything that would,

(a) contravene this Act or the regulations, or any other Act or regulation;

(b) require a member of the police service to do something or refrain from doing
something where this would be inconsistent with his or her duties under this Act or
the regulations; or
 63

(c) prohibit a member of the police service from attempting to collect information for the
purpose of investigating an offence or assisting with the prosecution of an offence.

Chief of police may decline

(8) A chief of police may decline to provide information pursuant to a direction from the
police service board if authorized to do so by the regulations.

Publication
(9) The police service board shall publish any directions given to the chief of police under
subsection (1) on the Internet in accordance with the regulations made by the Minister, if any.

Reporting and information sharing

Annual report
41. (1) On or before June 30 in each year, the police service board shall file an annual
report with its municipality or band council regarding,

(a) the implementation of the board’s strategic plan and the achievement of the
performance objectives identified in the strategic plan;

(b) the affairs of the police service;

(c) the provision of policing as it relates to any community safety and well-being plans
adopted by the municipalities or First Nations that are in the board’s area of policing
responsibility; and

(d) any other prescribed matters.

Publication
(2) The police service board shall publish the annual report referred to in subsection (1) on
the Internet in accordance with the regulations made by the Minister, if any.

Information sharing protocol

(3) The police service board shall make best efforts to negotiate and enter into a protocol
with its municipality or band council that addresses the sharing of information with the
municipality or band council, including the type of information to be shared and the frequency
for sharing such information.
64

Information to be provided
(4) Regardless of the existence of an information sharing protocol, the police service board
shall provide the municipality or band council, on request, with any information, other than
personal information, relevant to the preparation or review of the community safety and well-
being plan or to the board’s estimates.

ADMINISTRATION AND FINANCES

Delegation
42. (1) A police service board may, by by-law,

(a) establish a committee and delegate any of the board’s powers under this Act to the
committee; or

(b) if any power of the board under this Act is prescribed for the purposes of this section,
delegate that power to an employee of the board who is not a member of the police
service or to the chief of police.

Content of by-law
(2) A by-law made under subsection (1) may govern the name, powers, duties and quorums
of the committee and may, subject to subsections (3), (4) and (5), govern the composition of the
committee and appointment of individuals to the committee.

Composition
(3) A committee shall be composed of,

(a) at least two members of the police service board, subject to subsection (4); and

(b) any number of additional members, as long as a majority of the committee is

composed of members of the police service board.

Exception
(4) Only one member of the police service board is required to sit on a committee if the
board’s power to bargain under Part XIII is the only power that has been delegated to the
committee.
 65

Eligibility
(5) An individual is not eligible to be an additional member of a committee if he or she
would not be eligible to be a member of the police service board.

Meetings
43. (1) The police service board shall hold at least four meetings each year.

Quorum
(2) A majority of the members of the police service board constitutes a quorum.

Proceedings open to the public

(3) Subject to section 44, meetings conducted by the police service board, or by a committee
of the board, shall be open to the public.

Record of meeting
(4) The police service board shall record without note or comment all resolutions, decisions
and other proceedings at the meeting, whether it is open to the public or not.

Notice
(5) The police service board or the committee, as applicable, shall publish notice of a
meeting that is open to the public on the Internet, subject to the regulations made by the
Minister, if any.

Timing of notice
(6) The notice shall be published at least seven days before the meeting, except in
extraordinary circumstances.

Contents of notice
(7) The notice must include,

(a) the proposed agenda for the meeting; and

(b) either,
66

(i) the record of the most recent meeting of the police service board that was
open to the public, other than the record of any part of the meeting that was
closed to the public, or

(ii) instructions on how a member of the public may access the record referred to
in subclause (i).

When meetings may be closed to public

Consideration
44. (1) Before holding a meeting, a police service board, or a committee of the board, shall,

(a) consider whether to close the meeting or part of the meeting to the public, having
regard to the matters listed in subsections (2) and (3); and

(b) if the board or committee decides to close the meeting or part of the meeting, state by
resolution,

(i) the fact of the holding of the closed meeting and the general nature of the
matter to be considered at the closed meeting, or

(ii) in the case of a meeting under subsection (6), the fact of the holding of the
closed meeting, the general nature of its subject-matter and that it is to be
closed under that subsection.

Subject matter
(2) The meeting or part of the meeting may be closed to the public if the subject matter
being considered is,

(a) the security of the property of the board;

(b) personal matters about an identifiable individual, including members of the police
service or any other employees of the board;

(c) a proposed or pending acquisition or disposition of land by the board;

 67

(d) labour relations or employee negotiations;

(e) litigation or potential litigation affecting the board, including matters before
administrative tribunals;

(f) advice that would be inadmissible in a court by reason of any privilege under the law
of evidence, including communications necessary for that purpose;

(g) information explicitly supplied in confidence to the board by Canada, a province or

territory or a Crown agency of any of them, a municipality or a First Nation;

(h) a trade secret or scientific, technical, commercial, financial or labour relations

information, supplied in confidence to the board, which, if disclosed, could reasonably
be expected to prejudice significantly the competitive position or interfere
significantly with the contractual or other negotiations of a person, group of persons,
or organization;

(i) a trade secret or scientific, technical, commercial or financial information that belongs
to the board and has monetary value or potential monetary value;

(j) a position, plan, procedure, criteria or instruction to be applied to any negotiations

carried on or to be carried on by or on behalf of the board;

(k) information that section 8 of the Municipal Freedom of Information and Protection of
Privacy Act would authorize a refusal to disclose if it were contained in a record; or

(l) an ongoing investigation respecting the police service board.

When meetings must be closed to the public

(3) A meeting or part of a meeting of a police service board, or of a committee of the board,
shall be closed to the public if the subject matter being considered is a request under the
Municipal Freedom of Information and Protection of Privacy Act.
68

Duty of confidentiality
(4) The members of the board or committee shall keep any matter considered in a meeting
closed under subsection (2) or (3) confidential, including by keeping confidential any
information obtained for the purpose of considering the confidential matter, except,

(a) for the purpose of complying with an inspector exercising their powers or duties under
this Act;

(b) as may otherwise be required in connection with the administration of this Act, the
Special Investigations Unit Act, 2019 or the regulations made under either of them;

(c) as may be required for a law enforcement purpose; or

(d) where disclosure is otherwise required by law.

Disclosure by resolution
(5) Despite subsection (4), a police service board may, by resolution, disclose or authorize a
board member to disclose any matter considered in a meeting closed under subsection (2) or (3),
which may include disclosing information obtained for the purpose of considering the
confidential matter.

Educational or training sessions

(6) A meeting of a police service board, or of a committee of the board, may be closed to
the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members of the board
or of the committee.

2. At the meeting, no member of the board or committee considers or otherwise deals

with any matter in a way that materially advances the business or decision-making of
the board.

Evidence of by-laws
45. A document purporting to be a by-law of the police service board signed by a member
or purporting to be a copy of such a by-law certified correct by a member is admissible in
evidence without proof of the signature or authority of the person signing.
 69

Rules and procedures

46. (1) Subject to the regulations made by the Minister, if any, a police service board shall
establish its own rules and procedures in performing its duties under this Act and the
regulations.

Legislation Act, 2006

(2) Part III of the Legislation Act, 2006 does not apply to the rules and procedures
established under subsection (1) of this section.

Liability
47. (1) A police service board is liable for the acts or omissions of members of its police
service committed in the course of their employment.

Indemnification by police service board

(2) A police service board may, in accordance with the policies established under clause
38 (1) (f), indemnify a member of its police service for reasonable legal costs incurred,

(a) in the defence of a civil proceeding, if the member is not found to be liable;

(b) in the defence of a criminal prosecution, if the member is found not guilty; or

(c) in respect of any other proceeding in which the member’s manner of execution of the
duties of his or her employment was an issue, if the member is found to have acted in
good faith.

Agreement
(3) An agreement under Part XIII may provide for indemnification for the legal costs of
members of the police service, except the legal costs of a member who is found guilty of a
criminal offence, and, if it provides for such an indemnification, subsection (2) of this section
does not apply and the police service board shall indemnify members in accordance with the
agreement.

Municipality responsible for police service board’s liabilities

(4) The municipality is responsible for the liabilities incurred by the police service board
under subsections (1), (2) and (3).
70

Exception, officer appointed under the Interprovincial Policing Act, 2009

(5) This section does not apply in respect of a police officer appointed under the
Interprovincial Policing Act, 2009.

Protection from personal liability

48. (1) No action or other proceeding shall be instituted against a member of a police
service board for any act done in good faith in the execution or intended execution of any duty
imposed or power conferred by this Act, the regulations or the by-laws, or for any alleged
omission in the execution in good faith of that duty or power.

Police service board’s liability

(2) Subsection (1) does not relieve a police service board of liability for a member’s acts or
omissions, and the board is liable as if that subsection had not been enacted and as if the
member were the board’s employee.

Police service board may contract, sue and be sued

49. (1) A police service board may contract, sue and be sued in its own name.

Members not liable for police service board’s contracts

(2) The members of a police service board are not personally liable for the board’s
contracts.

Municipal board finances

50. (1) A municipality that maintains a municipal board shall provide the board with
sufficient funding to,

(a) provide adequate and effective policing in the municipality; and

(b) pay the expenses of the board’s operation, other than the remuneration of board
members.

Estimates
(2) A municipal board shall submit operating and capital estimates to the municipality that
will show, separately, the amounts that will be required to,
 71

(a) provide adequate and effective policing in the municipality, including the amounts
required to provide the police service with required equipment and facilities, having
regard for the various ways that the board can discharge this obligation; and

(b) pay the expenses of the board’s operation, other than the remuneration of board
members.

Same
(3) The format of the estimates, the period that they cover and the timetable for their
submission shall be determined by the municipality.

Budget
(4) Upon reviewing the estimates, the municipality shall establish an overall budget for the
municipal board for the purposes described in clauses (1) (a) and (b) and, in doing so, the
municipality is not bound to adopt the estimates submitted by the municipal board.

Same
(5) In establishing an overall budget for the municipal board, the municipality does not have
the authority to approve or disapprove specific items in the estimates.

Arbitration in case of dispute

(6) If the municipal board is not satisfied that the budget established for it by the
municipality is sufficient for the purposes described in clauses (1) (a) and (b), the municipal
board may give the municipality written notice referring the matter to arbitration.

Arbitrator
(7) The municipal board and the municipality may jointly appoint an arbitrator within 60
days after the notice is provided to the municipality.

Unable to select
(8) If the municipal board and the municipality do not jointly appoint an arbitrator within
the time period set out in subsection (7), either party may apply to the Commission Chair to
appoint an arbitrator.

Findings
(9) If the municipality demonstrates that the municipal board could reasonably have entered
into an agreement under section 14 to have policing functions provided in a manner that meets
the applicable standards for adequate and effective policing and at a lower cost than is set out in
72

the estimates, the arbitrator shall not find that the budget is insufficient to the extent of the
amount that could have been saved by entering into the agreement.

Compliance
(10) The municipality shall amend the budget for the municipal board in accordance with
the arbitrator’s decision.

Funding review, First Nation board

51. (1) This section applies if a First Nation board believes that the funding it receives from
the Minister and from all other sources is not sufficient to,

(a) provide adequate and effective policing in the area for which it has policing
responsibility, including the amounts required to provide the police service with
required equipment and facilities, having regard for the various ways that the board
can discharge this obligation; and

(b) pay the expenses of the board’s operation.

Dispute
(2) If a First Nation board is not satisfied that the funding is sufficient for the purposes
described in clauses (1) (a) and (b), it may give the Minister written notice referring the matter
to arbitration.

Arbitrator
(3) The First Nation board and the Minister may jointly appoint an arbitrator within 60 days
after the notice is provided to the Minister.

Unable to select
(4) If the First Nation board and the Minister do not jointly appoint an arbitrator within the
time period referred to in subsection (3), either party may apply to the Commission Chair to
appoint an arbitrator.

Considerations
(5) In determining the matter, the arbitrator must consider whether any First Nation board
policies intended to reflect the cultural traditions of the First Nations that are in the board’s area
of policing responsibility affect the funding required to provide adequate and effective policing.
 73

Findings
(6) If the Minister demonstrates that the First Nation board could reasonably have entered
into an agreement under section 14 to have policing functions provided in a manner that meets
the applicable standards for adequate and effective policing and at a lower cost than the funding
provided to the board, the arbitrator shall not find that the funding is insufficient to the extent of
the amount that could have been saved by entering into the agreement.

Decision
(7) The Minister shall provide additional funding if the arbitrator determines that additional
funding is required.

Aid to survivors of deceased member of municipal police service

52. A municipality may grant financial or other assistance for the benefit of the surviving
spouses and children of members of the municipal police service who die from injuries received
or illnesses contracted in the discharge of their duties.

MISCELLANEOUS
Termination to abolish or reduce size of police service
53. (1) A police service board shall not terminate the employment of a member of a police
service for the purpose of abolishing the police service or reducing its size without first
obtaining the approval of the Inspector General.

Same, planned attrition

(2) A police service board shall not reduce the size of its police service by implementing a
plan for attrition without first obtaining the approval of the Inspector General.

Inspector General’s approval

(3) The Inspector General may approve the termination of a member of a police service
under subsection (1) or a plan for attrition under subsection (2) if he or she is satisfied that,

(a) appropriate arrangements have been made for the provision of adequate and effective
policing in the area after the police service is reduced in size or abolished; and

(b) in the case of termination, the member being terminated and the police service board
have made an agreement dealing with severance pay or have referred the issue of
severance pay to arbitration under subsection (4).
74

Arbitration
(4) If the issue of severance pay cannot be referred to arbitration under Part XIII, the board
or the member being terminated may apply to the Commission Chair to appoint an arbitrator.

Inspector General
(5) The Inspector General may investigate a proposed termination described in subsection
(1) or a proposed plan for attrition under subsection (2) to determine whether appropriate
arrangements have been made for the provision of adequate and effective policing in the
affected area if the size of the police service is reduced.

Municipal fines
54. (1) This section applies if a municipality is entitled to receive fines paid as a result of
prosecutions instituted by police officers of the municipal police service.

Same
(2) If the municipality does not have its own police service, the police officers who are
assigned to the municipality shall, for the purposes of determining entitlement to fine payments,
be deemed to be police officers of the municipal police service.

Municipal by-law enforcement officers

55. (1) A municipality may appoint persons to enforce the by-laws of the municipality.

Peace officers
(2) Municipal by-law enforcement officers appointed under this section are peace officers
for the purpose of enforcing municipal by-laws.

PART V
ONTARIO PROVINCIAL POLICE
COMMISSIONER
Commissioner
56. (1) The Lieutenant Governor in Council shall appoint a Commissioner of the Ontario
Provincial Police and may appoint one or more deputy Commissioners.

Composition of O.P.P.
(2) The Ontario Provincial Police consists of the members of the Ontario Provincial Police.
 75

Appointments
(3) The Commissioner may, in accordance with any diversity plan, policy or directive that is
applicable to the public service of Ontario, appoint members of the Ontario Provincial Police as
police officers.

Commissions
(4) The Lieutenant Governor in Council may authorize the issue of a commission under the
Great Seal to,

(a) the Commissioner;

(b) deputy Commissioners; and

(c) police officers appointed under subsection (3) who attain a rank identified by the
Commissioner.

Transition
(5) The Commissioner, and any deputy Commissioner, who held his or her appointment
under the Police Services Act immediately before that Act was repealed continue to be appointed
under this Act.

Same
(6) Any person who was a member of the Ontario Provincial Police under the Police
Services Act immediately before its repeal continues to be a member of the Ontario Provincial
Police under this Act.

Commissioner’s duties
57. The Commissioner shall,

(a) provide adequate and effective policing in the area for which he or she has policing
responsibility as required by section 10;

(b) perform duties under this or any other Act related to the employment of members of
the Ontario Provincial Police in accordance with any diversity plan, policy or
directive that is applicable to the public service of Ontario;
76

(c) maintain a traffic patrol on the King’s Highway, except the parts prescribed by the
Minister;

(d) maintain a traffic patrol on a highway or part of a highway that is designated as a

connecting link under section 21 of the Public Transportation and Highway
Improvement Act, except as prescribed by the Minister;

(e) maintain investigative services to assist other police services in accordance with the
Minister’s policies; and

(f) perform such other duties as are assigned to the Commissioner by or under this or any
other Act, including any prescribed duties.

Annual report
58. (1) On or before June 30 in each year, the Commissioner shall file an annual report with
the Minister that addresses at least the following matters:

1. The implementation of the Minister’s strategic plan and the achievement of the
performance objectives identified in the strategic plan.

2. The affairs of the Ontario Provincial Police.

3. Any other prescribed matters.

Publication and tabling

(2) The Minister shall publish the annual report on the Internet.

MINISTER
Minister’s O.P.P. duties
59. The Minister shall,

(a) monitor the Commissioner’s performance;

(b) conduct a review of the Commissioner’s performance at least annually in accordance

with the regulations, if any;
 77

(c) monitor the Commissioner’s handling of discipline within the Ontario Provincial
Police; and

(d) ensure that any police facilities, including police lock-ups, used by the Ontario
Provincial Police comply with the prescribed standards, if any.

Minister’s policies
60. (1) Subject to subsection (2), the Minister shall establish policies respecting,

(a) the provision of adequate and effective policing by the Commissioner in accordance
with the needs of the population in the areas for which the Commissioner has policing
responsibility;

(b) disclosure by the Commissioner of personal information about individuals;

(c) investigative services that the Commissioner must provide to other police services;

(d) the handling of discipline within the Ontario Provincial Police;

(e) subject to subsection (4) and to the regulations, the indemnification of members of the
Ontario Provincial Police for legal costs; and

(f) any other prescribed matters.

Restriction on Minister’s policies

(2) Except in urgent circumstances, the Minister may not establish a policy under subsection
(1) unless he or she has given a copy of the proposed policy to the Advisory Council and
allowed the Council at least one month to consider it.

Other policies
(3) In addition to the policies required by subsection (1), the Minister may establish policies
respecting any other matters related to the Ontario Provincial Police or the provision of policing
by the Commissioner.
78

Indemnification policy
(4) The Minister is not required to establish a policy described in clause (1) (e) if
indemnification for the legal costs of members of the Ontario Provincial Police is provided for
by an agreement made under the Ontario Provincial Police Collective Bargaining Act, 2006.

No policies for certain matters

(5) The Minister shall not make policies with respect to specific investigations, the conduct
of specific operations, the management or discipline of specific police officers or other
prescribed matters.

Other limitations on policies

(6) The Minister shall not make policies,

(a) that would require a member of the Ontario Provincial Police to do something or
refrain from doing something where this would be inconsistent with his or her duties
under this Act or the regulations; or

(b) that would prohibit a member of the Ontario Provincial Police from attempting to
collect information for the purpose of investigating an offence or assisting with the
prosecution of an offence.

Publication
(7) The Minister shall publish the policies referred to in subsections (1) and (3) on the
Internet.

Strategic plan
61. (1) The Minister shall, in accordance with the regulations, if any, prepare and adopt a
strategic plan for the provision of policing by the Commissioner, which shall address at least the
following matters:

1. How the Commissioner will ensure the provision of adequate and effective policing in
accordance with the needs of the population of the areas for which he or she has
policing responsibility.

2. The objectives, priorities and core functions of the Ontario Provincial Police.
 79

3. Quantitative and qualitative performance objectives and indicators of outcomes

relating to,

i. the provision of community-based crime prevention initiatives, community

patrol and criminal investigation services,

ii. community satisfaction with the policing provided,

iii. emergency calls for service,

iv. violent crime and clearance rates for violent crime,

v. property crime and clearance rates for property crime,

vi. youth crime and clearance rates for youth crime,

vii. police assistance to victims of crime and re-victimization rates,

viii. interactions with persons described in paragraphs 4 and 5 of this subsection,

ix. road safety, and

x. any other prescribed matters.

4. Interactions with,

i. youths,

ii. members of racialized groups, and

iii. members of First Nation, Inuit and Métis communities.

80

5. Interactions with persons who appear to have a mental health condition.

6. Information technology.

7. Resource planning.

8. Police facilities.

9. Any other prescribed matters.

Same
(2) The Minister shall review and, if appropriate, revise the strategic plan in accordance
with the regulations, if any, at least once every four years.

Publication
(3) The Minister shall publish the strategic plan on the Internet.

Minister directions
62. (1) The Minister may give directions to the Commissioner.

No direction to other members of the O.P.P.

(2) For greater certainty, the Minister shall not direct members of the Ontario Provincial
Police other than the Commissioner.

No directions for certain matters

(3) The Minister shall not direct the Commissioner with respect to specific investigations,
the conduct of specific operations, the discipline of specific police officers, the routine
administration of the Ontario Provincial Police or other prescribed matters.

Other information serves purpose

(4) The Minister shall not direct the Commissioner to provide personal information under
subsection (1) if other information will serve the purpose for which the information is to be
used.
 81

Personal information limited to what is reasonably necessary

(5) The Minister shall not direct the Commissioner to provide more personal information
under subsection (1) than is reasonably necessary to meet the purpose for which the information
is to be used.

Other limitations on directions

(6) The Minister shall not direct the Commissioner to do anything that would,

(a) contravene this Act or the regulations, or any other Act or regulation;

(b) require a member of the Ontario Provincial Police to do something or refrain from
doing something where this would be inconsistent with his or her duties under this Act
or the regulations; or

(c) prohibit a member of the Ontario Provincial Police from attempting to collect
information for the purpose of investigating an offence or assisting with the
prosecution of an offence.

Commissioner may decline

(7) The Commissioner may decline to provide information under this section if authorized
to do so by the regulations.

Publication
(8) The Minister shall publish any directions given to the Commissioner under subsection
(1) on the Internet.

ADMINISTRATION AND FINANCES

Liability
63. (1) The Crown in right of Ontario is liable for the acts or omissions of members of the
Ontario Provincial Police committed in the course of their employment.

Indemnification of member of O.P.P.

(2) The Minister of Finance may indemnify, out of the Consolidated Revenue Fund, a
member of the Ontario Provincial Police for reasonable legal costs incurred,

(a) in the defence of a civil proceeding, if the member is not found to be liable;
82

(b) in the defence of a criminal prosecution, if the member is found not guilty; or

(c) in respect of any other proceeding in which the member’s manner of execution of the
duties of his or her employment was an issue, if the member is found to have acted in
good faith.

Agreement
(3) The Ontario Provincial Police Association and the Crown in right of Ontario may
provide for indemnification for the legal costs of members of the Ontario Provincial Police in an
agreement made under the Ontario Provincial Police Collective Bargaining Act, 2006, except
the legal costs of a member who is found guilty of a criminal offence and, if it provides for such
an indemnification, subsection (2) does not apply and the Minister of Finance shall indemnify
members in accordance with the agreement.

Exception, officer appointed under the Interprovincial Policing Act, 2009

(4) This section does not apply in respect of a police officer appointed under the
Interprovincial Policing Act, 2009.

Commissioner policing
64. (1) A municipality in the area for which the Commissioner has policing responsibility
shall pay the Minister of Finance for the policing the Commissioner provides, in the amount and
the manner provided by the regulations.

Collection
(2) Subsections 65 (2), (4) and (5) apply with necessary modifications to the payments made
under subsection (1).

Minister may charge for Commissioner’s services

65. (1) The Minister may charge a municipality, a police service board, or any person or
entity for any service the Commissioner provides to them under this Act or the regulations other
than the policing referred to in subsection 64 (1).

Payment into Consolidated Revenue Fund

(2) The amounts received for any service the Commissioner provides shall be paid into the
Consolidated Revenue Fund.
 83

No agreement as to cost
(3) If no agreement has been entered into with respect to the cost of the services provided by
the Commissioner, the Commissioner may, with the approval of the Minister, certify the cost of
the services, and the cost shall be paid by the municipality, police service board, or person or
entity that received them.

Collection of amounts owed

(4) The amount owed for any service the Commissioner provides, if not collected by other
means, may be recovered by a court action as a debt due to Her Majesty and, if the amount is
owed by a municipality, may be deducted from any grant payable to the municipality out of
provincial funds.

Dispute
(5) A debtor may dispute the amount claimed in a court action commenced under subsection
(4), and the court shall determine the issue and make such order as it considers appropriate in the
circumstances.

Aid to survivors of deceased member of O.P.P.

66. The Lieutenant Governor in Council may, out of money appropriated for that purpose by
the Legislature, grant financial or other assistance for the benefit of the surviving spouses and
children of members of the Ontario Provincial Police who die from injuries received or illnesses
contracted in the discharge of their duties.

O.P.P. DETACHMENT BOARDS

O.P.P. detachment board
67. (1) There shall be an O.P.P. detachment board, or more than one O.P.P. detachment
board in accordance with the regulations, for each detachment of the Ontario Provincial Police
that provides policing in a municipality or in a First Nation reserve.

Composition
(2) The composition of the O.P.P. detachment board shall be as provided in the regulations.

Term of office and remuneration

(3) The term of office and remuneration and expenses of the members of the O.P.P.
detachment board shall be as provided in the regulations.
84

Code of conduct
(4) Every member of an O.P.P. detachment board shall comply with the prescribed code of
conduct.

Liability
(5) An O.P.P. detachment board is not liable for the acts or omissions of members of the
Ontario Provincial Police committed in the course of their employment.

Application of other provisions

(6) The following provisions apply to O.P.P. detachment boards, with necessary
modifications, as if they were police service boards:

1. Section 33 (Appointment).

2. Subsections 35 (1), (2) and (3) (Oath, training and conduct).

3. Section 36 (Election of chair).

4. Section 42 (Delegation).

5. Section 43 (Meetings).

6. Section 44 (When meetings may be closed to public).

7. Section 45 (Evidence of by-laws).

8. Section 46 (Rules and procedures).

9. Section 48 (Protection from personal liability).

10. Section 49 (Police service board may contract, sue and be sued).

Role
68. (1) The O.P.P. detachment board shall,
 85

(a) consult with the Commissioner regarding the selection of a detachment commander
and otherwise participate, in accordance with the regulations, in the selection of the
detachment commander;

(b) determine objectives and priorities for the detachment, not inconsistent with the
strategic plan prepared by the Minister, after consultation with the detachment
commander or his or her designate;

(c) advise the detachment commander with respect to policing provided by the
detachment;

(d) monitor the performance of the detachment commander;

(e) review the reports from the detachment commander regarding policing provided by
the detachment; and

(f) on or before June 30 in each year, provide an annual report to the municipalities and
band councils regarding the policing provided by the detachment in their
municipalities or First Nation reserves.

Other duties of detachment commander

(2) The detachment commander shall provide the O.P.P. detachment board with reports
regarding policing provided by the detachment at the board’s request.

Delegation
(3) The detachment commander may delegate any of his or her powers and duties with
respect to the O.P.P. detachment board to another person in writing, subject to any limitations,
conditions or requirements set out in the delegation.

Consideration of community safety and well-being plan

(4) In exercising its functions, the O.P.P. detachment board shall consider any community
safety and well-being plan adopted by a municipality or First Nation that receives policing from
the detachment.
86

Prescribed standards
(5) The O.P.P. detachment board shall comply with the prescribed standards, if any, with
respect to the exercise of its powers and the performance of its duties under this Act.

Local policies
69. (1) An O.P.P. detachment board may establish local policies, after consultation with the
detachment commander or his or her designate, with respect to policing in the area receiving
policing from the detachment.

Local policy requirements

(2) A local policy established under subsection (1) must meet the following requirements:

1. The local policy must not be inconsistent with,

i. the strategic plan prepared by the Minister,

ii. any policies established by the Minister under section 60,

iii. any procedures established by the Commissioner, or

iv. the local action plan prepared by the detachment commander.

2. The local policy must not relate to specific investigations, the conduct of specific
operations or other prescribed matters.

3. The local policy must not require a member of the Ontario Provincial Police to do
something or refrain from doing something where this would be inconsistent with his
or her duties under this Act or the regulations.

4. The local policy must not prohibit a member of the Ontario Provincial Police from
attempting to collect information for the purpose of investigating an offence or
assisting with the prosecution of an offence.
 87

5. The local policy must not require a member of the Ontario Provincial Police to
provide any policing that is not required as a component of adequate and effective
policing.

6. The local policy must comply with any prescribed requirements.

Detachment commander to comply with local policies

(3) Every detachment commander shall ensure that his or her detachment provides policing
in accordance with the local policies of his or her O.P.P. detachment board.

Dispute
(4) If a detachment commander believes that a local policy of his or her O.P.P. detachment
board does not comply with subsection (2),

(a) he or she shall inform the O.P.P. detachment board, in writing, of the reasons why he
or she believes that the local policy does not comply with subsection (2); and

(b) despite subsection (3), he or she is not required to ensure that policing is provided in
accordance with the policy unless directed to do so by the Commissioner under
subsection (5).

Application for review

(5) If the O.P.P. detachment board is not satisfied with the detachment commander’s
reasons for not complying with the local policy, it may apply to the Commissioner to review the
decision and provide direction to the detachment commander, which may include requiring
compliance with the local policy.

Commissioner to consider submissions

(6) The Commissioner shall consider any submissions from the O.P.P. detachment board
and shall provide it with written reasons for his or her decision to provide directions or not to
provide directions to the detachment commander.

Publication
(7) The O.P.P. detachment board shall publish any local policies established under
subsection (1) on the Internet in accordance with the regulations made by the Minister, if any.
88

Local action plan

70. (1) A detachment commander shall, in accordance with the regulations, if any, prepare
and adopt a local action plan for the provision of policing provided by the detachment, which
shall address at least the following matters:

1. How adequate and effective policing will be provided in the area served by the
detachment, in accordance with the needs of the population in the area and having
regard for the diversity of the population in the area.

2. The objectives and priorities for the detachment determined by the OPP detachment
board and such other objectives and priorities determined by the detachment
commander.

3. Quantitative and qualitative performance objectives and indicators of outcomes

relating to,

i. the provision of community-based crime prevention initiatives, community

patrol and criminal investigation services,

ii. community satisfaction with the policing provided,

iii. emergency calls for service,

iv. violent crime and clearance rates for violent crime,

v. property crime and clearance rates for property crime,

vi. youth crime and clearance rates for youth crime,

vii. police assistance to victims of crime and re-victimization rates,

viii. interactions with persons described in paragraphs 4 and 5 of this subsection,

ix. road safety, and

 89

x. any other prescribed matters.

4. Interactions with,

i. youths,

ii. members of racialized groups, and

iii. members of First Nation, Inuit and Métis communities.

5. Interactions with persons who appear to have a mental health condition.

Same
(2) The local action plan must also provide an overview of the consultations that were
conducted under subsection (3) and state whether and, if applicable, how the needs and concerns
regarding policing identified during the consultations have been addressed by the plan.

Consultations
(3) In preparing or revising the local action plan, the detachment commander shall consult
with,

(a) his or her O.P.P. detachment board;

(b) the municipal council of any municipalities that receive policing from the detachment;

(c) the band councils of any First Nations that receive policing from the detachment;

(d) groups representing diverse communities in the area that receives policing from the
detachment;

(e) school boards, community organizations, businesses and members of the public in the
area that receives policing from the detachment; and
90

(f) any other prescribed persons, organizations or groups.

Considerations
(4) In preparing or revising the local action plan, the detachment commander shall consider,
at a minimum,

(a) the results of the consultations conducted under subsection (3);

(b) any community safety and well-being plans adopted by the municipalities or First
Nations that receive policing from the detachment; and

(c) the needs of members of diverse communities in the area that receives policing from
the detachment, including the needs of members of racialized groups and of First
Nation, Inuit and Métis communities.

Submission of draft
(5) The detachment commander shall submit a draft of the new or amended local action plan
to his or her O.P.P. detachment board before it is finalized and allow the board to make
comments on the draft within 60 days after the submission.

Consideration of comments
(6) The detachment commander shall consider the O.P.P. detachment board’s comments on
the draft, if any, and revise the plan if he or she determines it to be appropriate.

Publication
(7) The local action plan shall be published on the Internet in accordance with the
regulations made by the Minister, if any.

Review and revision

(8) The detachment commander shall review and, if appropriate, revise the local action plan
in accordance with the regulations, if any, at least once every four years and whenever there is
an amendment to the strategic plan prepared by the Minister.

Estimates, O.P.P. detachment boards

71. (1) An O.P.P. detachment board shall prepare estimates, in accordance with the
regulations, of the total amount that will be required to pay the expenses of the board’s
operation, other than the remuneration of board members.
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Submit to municipalities
(2) The O.P.P. detachment board shall submit the estimates to every municipality that
receives policing from the detachment along with a statement of the municipality’s share of the
costs, which are to be determined in accordance with the regulations.

Budget
(3) Subject to subsection (4), the municipalities shall contribute their share of the costs to
the O.P.P. detachment board’s budget in accordance with the estimates.

Arbitration in case of dispute

(4) If a municipality is not satisfied that the total amount set out in the estimates is required
to pay the expenses of the O.P.P. detachment board’s operation, it may give the board written
notice referring the matter to arbitration.

Joining arbitration
(5) The other municipalities that receive policing from the detachment may join the
arbitration as a party.

No separate arbitrations
(6) If the other municipalities do not join the arbitration, they may not separately commence
a different arbitration with respect to the estimates under this section.

Arbitrator
(7) The O.P.P. detachment board and the municipality or municipalities may jointly appoint
an arbitrator within 60 days after the notice is provided to the municipality or municipalities.

Same
(8) If the O.P.P. detachment board and the municipality or municipalities do not jointly
appoint an arbitrator, the board or the municipality or municipalities may apply to the
Commission Chair to appoint an arbitrator.

ONTARIO PROVINCIAL POLICE GOVERNANCE ADVISORY COUNCIL

Ontario Provincial Police Governance Advisory Council
72. (1) A council known as the Ontario Provincial Police Governance Advisory Council in
English and Conseil consultatif de gouvernance de la Police provinciale de l’Ontario in French
is established.
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Members
(2) The composition of the Advisory Council shall be as provided in the regulations, and the
members shall be appointed by the Lieutenant Governor in Council.

Chair, vice-chairs
(3) The Lieutenant Governor in Council may designate one of the members of the Advisory
Council to be the chair and one or more members of the Advisory Council to be vice-chairs.

Vice-chairs
(4) A vice-chair shall act as and have all the powers and authority of the chair if the chair is
absent or unable to act or if the chair’s position is vacant.

Employees
(5) Such employees as are considered necessary for the proper conduct of the affairs of the
Advisory Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

Code of conduct
(6) Every member of the Advisory Council shall comply with the prescribed code of
conduct.

Training
(7) A member of the Advisory Council shall not exercise any of their powers or perform any
of their duties under this Act unless they have successfully completed,

(a) the training approved by the Minister with respect to human rights and systemic
racism;

(b) the training approved by the Minister that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples; and

(c) any other training prescribed by the Minister.

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Functions of Advisory Council

73. (1) The Advisory Council shall,

(a) advise the Minister regarding the use of his or her powers with respect to the Ontario
Provincial Police under sections 59 to 62; and

(b) perform any other prescribed duties.

May request report from Minister

(2) The Advisory Council may request a report from the Minister regarding the Ontario
Provincial Police or the use of the Minister’s powers under section 59, 60, 61 or 62, and the
Minister shall prepare and provide the requested report to the Advisory Council within a
reasonable period of time.

Prescribed standards
(3) The Advisory Council shall comply with the prescribed standards, if any, with respect to
the exercise of its powers and the performance of its duties under this Act.

Meetings
74. (1) The Advisory Council shall hold at least four meetings each year.

Quorum
(2) A majority of the members of the Advisory Council constitutes a quorum.

Proceedings open to the public

(3) Subject to section 75, meetings conducted by the Advisory Council shall be open to the
public.

Record of meeting
(4) The Advisory Council shall record without note or comment all resolutions, decisions
and other proceedings at the meeting, whether it is open to the public or not.

Notice
(5) The Advisory Council shall publish notice of a meeting that is open to the public on the
Internet in accordance with the regulations made by the Minister, if any.
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Timing of notice
(6) The notice shall be published at least seven days before the meeting, except in
extraordinary circumstances.

Contents of notice
(7) The notice must include,

(a) the proposed agenda for the meeting; and

(b) either,

(i) the record of the most recent meeting of the Advisory Council that was open
to the public, other than the record of any part of the meeting that was closed
to the public, or

(ii) instructions on how a member of the public may access the record referred to
in subclause (i).

When meetings may be closed to public

Consideration
75. (1) Before holding a meeting or part of a meeting, the Advisory Council shall,

(a) consider whether to close the meeting or part of the meeting to the public, having
regard to the matters listed in subsections (2) and (3); and

(b) if the Council decides to close the meeting or part of the meeting, state by resolution,

(i) the fact of the holding of the closed meeting and the general nature of the
matter to be considered at the closed meeting, or

(ii) in the case of a meeting under subsection (6), the fact of the holding of the
closed meeting, the general nature of its subject-matter and that it is to be
closed under that subsection.
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Subject matter
(2) The meeting or part of the meeting may be closed to the public if the subject matter
being considered is,

(a) the security of facilities used by the Ontario Provincial Police;

(b) personal matters about an identifiable individual, including members of the Ontario
Provincial Police;

(c) a proposed or pending acquisition or disposition of land related to the Ontario

Provincial Police;

(d) labour relations or employee negotiations;

(e) litigation or potential litigation affecting the Advisory Council or related to the
Ontario Provincial Police, including matters before administrative tribunals;

(f) advice that would be inadmissible in a court by reason of any privilege under the law
of evidence, including communications necessary for that purpose;

(g) information explicitly supplied in confidence to the Council by Canada, a province or

territory or a Crown agency of any of them, a municipality or a First Nation;

(h) a trade secret or scientific, technical, commercial, financial or labour relations

information, supplied in confidence to the Council, which, if disclosed, could
reasonably be expected to prejudice significantly the competitive position or interfere
significantly with the contractual or other negotiations of a person, group of persons,
or organization;

(i) a trade secret or scientific, technical, commercial or financial information that belongs
to the Council and has monetary value or potential monetary value;

(j) a position, plan, procedure, criteria or instruction to be applied to any negotiations

carried on or to be carried on by or on behalf of the Council;
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(k) information that section 14 of the Freedom of Information and Protection of Privacy
Act would authorize a refusal to disclose if it were contained in a record; or

(l) an ongoing investigation respecting the Advisory Council.

When meetings must be closed to the public

(3) A meeting or part of a meeting of the Advisory Council shall be closed to the public if
the subject matter being considered is a request under the Freedom of Information and
Protection of Privacy Act.

Duty of confidentiality
(4) The members of the Advisory Council shall keep any matter considered in a meeting
closed under subsection (2) or (3) confidential, including by keeping confidential any
information obtained for the purpose of considering the confidential matter, except,

(a) for the purpose of complying with an inspector exercising their powers or duties under
this Act;

(b) as may otherwise be required in connection with the administration of this Act, the
Special Investigations Unit Act, 2019 or the regulations made under either of them;

(c) as may be required for a law enforcement purpose; or

(d) where disclosure is otherwise required by law.

Disclosure by resolution
(5) Despite subsection (4), the Advisory Council may, by resolution, disclose or authorize a
member of the Advisory Council to disclose any matter considered in a meeting closed under
subsection (2) or (3), which may include disclosing information obtained for the purpose of
considering the confidential matter.

Educational or training sessions

(6) A meeting of the Advisory Council may be closed to the public if the following
conditions are both satisfied:
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1. The meeting is held for the purpose of educating or training the members of the
Advisory Council.

2. At the meeting, no member of the Advisory Council considers or otherwise deals with
any matter in a way that materially advances the business or decision-making of the
Advisory Council.

AGREEMENTS WITH FIRST NATIONS

Agreements with First Nations to provide O.P.P. policing
76. (1) A band council of a First Nation may enter into a written agreement with the
Minister for the provision of policing and other specified services by the Commissioner in the
First Nation reserve or other specified area.

Required contents
(2) An agreement under subsection (1) shall address the policing and other services to be
provided, which may include the enforcement of First Nation by-laws, the area in which they
will be provided and the level at which they will be provided.

Optional contents
(3) The agreement may address any other matters, including,

(a) the manner in which the policing and other services will be provided, including
requiring it to be provided by police officers or other members of the Ontario
Provincial Police who work primarily or exclusively in the First Nation reserve or
other specified area;

(b) the steps that will be taken to ensure that the policing and other services reflect the
cultural traditions of the First Nation;

(c) the qualifications of the members of the Ontario Provincial Police who provide the
policing and other services;

(d) the uniform of the members of the Ontario Provincial Police who provide the policing
and other services;
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(e) the mediation, arbitration or resolution of disputes that may arise in relation to the
agreement; and

(f) funding for a First Nation O.P.P. board.

Effect on area of policing responsibility

(4) When the agreement comes into effect,

(a) the First Nation reserve shall become part of the Commissioner’s area of policing
responsibility, if it was not already part of that area; and

(b) any police service board that previously had policing responsibility for the area no
longer has that responsibility.

Duties of Commissioner
(5) The Commissioner shall ensure that the agreement is carried out.

First Nation O.P.P. boards

77. (1) A band council of a First Nation may request that the Minister constitute a First
Nation O.P.P. board to oversee the policing provided by the Commissioner pursuant to an
agreement that has already been made or that the band council intends to make under section 76.

Joint request
(2) Multiple band councils may jointly make a request to constitute a board under
subsection (1).

Application to joint boards

(3) Subject to the regulations, the provisions of this Act that apply to First Nation O.P.P.
boards apply, with necessary modifications, to joint First Nation O.P.P. boards.

Contents of request
(4) A request made under subsection (1) must specify,

(a) the area that is, or that is intended to be, within the Commissioner’s area of policing
responsibility for which the proposed board shall have the powers, duties and
functions set out in section 78;
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(b) the composition of the proposed board;

(c) the method of appointing members of the proposed board;

(d) the name of the proposed board; and

(e) the proposed term of office of members of the proposed board.

Minister’s request
(5) The Minister may request any additional information from the band council to assist in
the Minister’s consideration of the request.

Considerations
(6) The Minister shall consider the request made under subsection (1) and determine
whether or not to constitute the board, having regard to the possibility of funding or other
assistance being provided to the board and any other prescribed matters.

First Nation O.P.P. board regulations

(7) The Minister may make regulations,

(a) constituting a First Nation O.P.P. board for the requesting band council or councils;

(b) governing the composition of the First Nation O.P.P. board;

(c) specifying the name of the First Nation O.P.P. board;

(d) governing appointments to the First Nation O.P.P. board; and

(e) governing the term of office of members of the First Nation O.P.P. board.

Consistency with request

(8) A regulation made under subsection (7) must be consistent with the request made under
subsection (1).
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Same, consideration
(9) In determining whether to amend or revoke a regulation made under subsection (7), the
Minister shall consider the importance of First Nations determining the means by which
culturally responsive policing is provided on their First Nation reserves.

Limitation on amendment or revocation

(10) The Minister shall not amend or revoke a regulation made under subsection (7) unless
the Minister is satisfied that appropriate arrangements that satisfy any prescribed requirements
have been made for the First Nation that requested the constitution of the First Nation O.P.P.
board to receive adequate and effective policing after the amendment or revocation takes effect
and at least one of the following conditions is met:

1. The amendment or revocation is consistent with a request from the band council of
the First Nation that requested the constitution of the First Nation O.P.P. board.

2. There has been a material change in the circumstances on which the regulation is
based.

3. The First Nation O.P.P. board was dissolved under section 126.

4. The amendment is editorial or technical in nature.

Limitation on revocation
(11) In addition to the requirements set out in subsection (10), the Minister shall not revoke
a regulation made under subsection (7) unless he or she is satisfied that appropriate
arrangements have been made for severance pay for the employees of the First Nation O.P.P.
board.

Increase in area
(12) In addition to the requirements set out in subsection (10), the Minister shall not amend
a regulation made under subsection (7) to increase the area for which the First Nation O.P.P.
board has the powers, duties and functions set out in section 78 unless the amendment is
consistent with a request from the band councils of the First Nations that would be affected by
the increase.
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Same, notice and comments

(13) If the Minister intends to amend or revoke a regulation made under subsection (7) in a
manner that is not consistent with a request described in paragraph 1 of subsection (10), the
Minister shall provide notice containing a description of the proposed regulation to the band
council of the First Nation that requested the constitution of the First Nation O.P.P. board and
provide an opportunity for it to comment on it in writing.

Same, written reasons

(14) If the Minister decides to amend or revoke the regulation after considering the
comments provided under subsection (13), the Minister shall provide written reasons for his or
her decision to the entities that received the notice.

Agreements with First Nation O.P.P. boards

(15) The Minister may enter into a written agreement with a First Nation O.P.P. board to
provide it with funding or other assistance, subject to such terms or conditions as may be
specified in the agreement.

Duties and functions of First Nation O.P.P. board

78. (1) The First Nation O.P.P. board shall have all of the powers, duties and functions of
an O.P.P. detachment board set out in sections 68 and 69 with respect to a detachment that
provides policing under an agreement made under section 76, with necessary modifications.

Other applicable provisions

(2) The provisions listed in subsection 67 (6) apply to First Nation O.P.P. boards, with
necessary modifications, as if they were police service boards.

Additional duties
(3) In addition to the duties and functions described in subsection (1), the First Nation
O.P.P. board shall monitor the provision of policing and other services by the detachment to
ensure that it complies with the agreement.

Local action plan

(4) The detachment commander shall prepare a separate local action plan for the provision
of policing to the First Nation or First Nations served by the First Nation O.P.P. board, and
section 70 applies to the plan with necessary modifications.
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Prescribed standards
(5) A First Nation O.P.P. board shall comply with the prescribed standards, if any, with
respect to the exercise of its powers and the performance of its duties under this Act.

Code of conduct
(6) Every member of a First Nation O.P.P. board shall comply with the prescribed code of
conduct.

Liability
(7) A First Nation O.P.P. board is not liable for the acts or omissions of members of the
Ontario Provincial Police committed in the course of their employment.

PART VI
POLICE OFFICERS AND OTHER POLICING PERSONNEL
CHIEF OF POLICE
Duties of chief of police
79. (1) A chief of police shall manage the members of the police service to ensure that they
carry out their duties in accordance with this Act and the regulations and in a manner that
reflects the needs of the community.

Same, Commissioner
(2) The Commissioner shall,

(a) administer the Ontario Provincial Police and oversee its operation in accordance with
the Minister’s policies and strategic plan;

(b) comply with any investigations conducted by the Complaints Director, the SIU
Director or the Inspector General; and

(c) comply with the Minister’s lawful directions.

Same, other chief of police

(3) A chief of police of a police service maintained by a police service board shall,
 103

(a) administer the police service and oversee its operation in accordance with the board’s
policies and strategic plan;

(b) comply with any investigations conducted by the Complaints Director, the SIU
Director or the Inspector General; and

(c) comply with the lawful directions of the board.

Written procedures
(4) A chief of police shall establish written procedures regarding the administration of his or
her police service and the provision of policing by the police service.

Delegation
(5) A chief of police may delegate in writing any of his or her powers and duties under this
Act or the regulations to a member of the chief of police’s police service, subject to any
limitations, conditions or requirements set out in the delegation.

Deputy Commissioner or deputy chief of police

(6) A deputy Commissioner or deputy chief of police shall act in the place of the
Commissioner or chief of police if he or she is absent or unable to act and, when so acting, may
exercise all the powers and shall perform all the duties of the Commissioner or chief of police.

Power to disclose personal information

80. (1) Despite any other Act, a chief of police, or a person designated by him or her for the
purpose of this subsection, may disclose personal information about an individual in accordance
with the regulations.

Purpose of disclosure
(2) Any disclosure made under subsection (1) shall be for one or more of the following
purposes:

1. Protection of the public.

2. Protection of victims of crime.

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3. Keeping victims of crime informed of the law enforcement, judicial or correctional

processes relevant to the crime that affected them.

4. Law enforcement.

5. Correctional purposes.

6. Administration of justice, including the conduct of civil proceedings.

7. Enforcement of and compliance with any federal or provincial Act, regulation or

government program.

8. Keeping the public informed of the law enforcement, judicial or correctional

processes respecting any individual.

Same
(3) Any disclosure made under subsection (1) shall be deemed to be in compliance with
clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the
Municipal Freedom of Information and Protection of Privacy Act.

Same
(4) If personal information is disclosed under subsection (1) to an institution within the
meaning of the Freedom of Information and Protection of Privacy Act, the institution shall
collect such information and subsections 39 (2) of the Freedom of Information and Protection of
Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act
do not apply to that collection of personal information.

SIU investigation of member of police service

81. (1) If the SIU Director causes an incident to be investigated under section 15 of the
Special Investigations Unit Act, 2019 involving a member of a police service, the chief of police
of the police service shall investigate,

(a) the member’s conduct in relation to the incident;

(b) the policing provided by the member in relation to the incident; and
 105

(c) the procedures established by the chief of police as they related to the incident.

Time for investigation

(2) The investigation shall occur promptly but shall not be conducted during the time period
described in subsection 208 (3).

Report
(3) A chief of police shall report on his or her investigation under subsection (1) in
accordance with the regulations made by the Minister.

POLICE OFFICERS
Duties of police officer
82. (1) The duties of a police officer include,

(a) preserving the peace;

(b) preventing crimes and other offences and providing assistance and encouragement to
other persons in their prevention;

(c) assisting victims of crime;

(d) apprehending criminals and other offenders and others who may lawfully be taken
into custody;

(e) laying charges and participating in prosecutions;

(f) executing warrants that are to be executed by police officers and performing related
duties;

(g) performing the lawful duties that the chief of police assigns;

(h) completing training required by this Act or the regulations;

(i) complying with the prescribed code of conduct; and

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(j) performing such other duties as are assigned to him or her by or under this or any
other Act, including any prescribed duties.

Power to act throughout Ontario

(2) A police officer has authority to act as such throughout Ontario.

Powers and duties of common law constable

(3) A police officer has the powers and duties ascribed to a constable at common law.

Appointment of police officer

83. (1) No person shall be appointed as a police officer unless he or she,

(a) is a Canadian citizen or a permanent resident of Canada;

(b) is at least 18 years of age;

(c) is physically and mentally able to perform the duties of the position, having regard to
his or her own safety and the safety of members of the public;

(d) is of good character;

(e) has completed,

(i) the training prescribed by the Minister, including techniques to de-escalate

conflict situations and any other matters prescribed by the Minister, unless the
person has been exempted from some or all of this training in accordance with
the regulations made by the Minister,

(ii) the training approved by the Minister with respect to human rights and
systemic racism, and

(iii) the training approved by the Minister that promotes recognition of and respect
for,
 107

(A) the diverse, multiracial and multicultural character of Ontario

society, and

(B) the rights and cultures of First Nation, Inuit and Métis Peoples;

(f) meets one of the following conditions:

(i) he or she has,

(A) a university degree, or

(B) a degree from a college of applied arts and technology authorized to

grant the degree,

(ii) he or she has a diploma or advanced diploma granted by a college of applied

arts and technology following successful completion of a program that is the
equivalent in class hours of a full-time program of at least four academic
semesters,

(iii) he or she has been granted a certificate or other document by a post-secondary

institution evidencing successful completion of a program that the regulations
prescribe as being equivalent to a degree or diploma described in subclause (i)
or (ii),

(iv) if additional criteria have been prescribed, he or she has a secondary school
diploma and meets the additional criteria.

Previous termination for cause

(2) An appointment under subsection (1) shall not be made if the person’s employment as a
police officer in a Canadian jurisdiction was previously terminated for cause or if the person
resigned in lieu of being terminated for cause.
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Information or material to be provided

(3) A candidate for appointment as a police officer shall provide any relevant information or
material that is requested in connection with his or her application.

Certificate of appointment
(4) The police service board or the Commissioner shall issue a certificate of appointment to
a person at the time of his or her appointment as a police officer.

Automatic termination
(5) A police officer’s appointment is terminated, without notice and without an opportunity
to respond, if he or she ceases to be a member of a police service.

Exception
(6) This section does not apply to a police officer appointed under the Interprovincial
Policing Act, 2009 or to a candidate for appointment under that Act.

Transition
(7) An appointment as a police officer under the Police Services Act that a person held
immediately before that Act was repealed continues under this Act.

Probationary period, police service board officer

84. (1) The probationary period of a police officer employed by a police service board
begins on the day he or she is appointed and ends 12 months after the day of appointment.

Extension with consent

(2) A chief of police may extend a police officer’s probationary period by up to six months
if the police officer consents to the extension.

Leave of absence
(3) Any time taken by the police officer as a leave of absence does not count towards the
fulfilment of the probationary period.

Only one probationary period

(4) Despite subsection (1), a police officer shall not be subject to a probationary period if he
or she has already successfully completed a probationary period as a police officer with a police
service, the Royal Canadian Mounted Police or a different prescribed policing organization.
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Oaths of office and secrecy

85. (1) A person who is appointed to be a police officer shall, at the time of his or her
appointment, take oaths or affirmations of office and secrecy in the form prescribed by the
Minister.

Exception
(2) This section does not apply to a police officer appointed under the Interprovincial
Policing Act, 2009.

Political activity
86. No police officer who is a member of a police service maintained by a police service
board shall engage in political activity, except as permitted by the regulations.

MEMBERS OF POLICE SERVICES

Qualifications to hold position

87. (1) Subject to subsection (2), a person is not eligible to hold a position as a member of a
police service, whether in an acting or permanent capacity, unless he or she meets the prescribed
qualifications for the position, if any.

Effect of new qualifications

(2) Unless the regulations provide otherwise, any new qualifications prescribed under
subsection (1) for a position do not apply to a person who held that position immediately before
the new qualifications came into effect.

Accommodation of disability needs

88. (1) If a member of a police service who is an employee of a police service board, or a
member of the Ontario Provincial Police, becomes mentally or physically disabled and as a
result is incapable of performing the essential duties of his or her position, the board or the
Commissioner, as applicable, shall accommodate his or her needs in accordance with the Human
Rights Code.

Incapacity after accommodation

(2) The police service board or the Commissioner may terminate the member’s
employment, or retire him or her if entitled to retire with an unreduced pension, if, after holding
a hearing in accordance with the regulations, if any, at which the evidence of two legally
qualified medical practitioners is received, the board or the Commissioner determines,
110

(a) on the basis of the information available, that the member is mentally or physically
disabled and as a result is incapable of performing the essential duties of the
member’s position; and

(b) that the member’s needs cannot be accommodated in accordance with the Human
Rights Code without undue hardship on the board or on the Crown in right of Ontario,
as applicable.

Written reasons
(3) If the board or the Commissioner decides to terminate a member’s employment or retire
him or her under subsection (2), the board or the Commissioner shall promptly provide written
reasons for this decision to the member.

Restrictions on secondary activities

89. (1) A member of a police service maintained by a police service board shall not engage
in any activity,

(a) that interferes with or influences adversely the performance of his or her duties as a
member of a police service, or is likely to do so;

(b) that places him or her in a position of conflict of interest, or is likely to do so;

(c) that would otherwise constitute full-time employment for another person; or

(d) in which he or she has an advantage derived from being a member of a police service.

Exception, interprovincial officers and auxiliary members

(2) Clause (1) (c) does not apply to,

(a) a police officer appointed under the Interprovincial Policing Act, 2009; or

(b) an auxiliary member of a police service.

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Disclosure to chief of police

(3) A member of a police service maintained by a police service board who proposes to
undertake an activity that may contravene subsection (1) or who becomes aware that an activity
that he or she has already undertaken may do so shall disclose full particulars of the situation to
the chief of police or, in the case of a chief of police, to the board.

Decision of chief of police or police service board

(4) The chief of police or the police service board, as the case may be, shall decide whether
the member is permitted to engage in the activity, subject to any conditions or restrictions that
may be set out in the decision.

Member to comply
(5) The member shall comply with the decision and with any conditions or restrictions set
out in it.

Report to police service board

(6) The chief of police shall submit a written report to the police service board respecting
any decision he or she makes under subsection (4), with reasons.

Police cadets
90. (1) If authorized by the policies of the police service board, a chief of police may
appoint persons as police cadets to undergo training.

Same
(2) If authorized by the policies of the Minister, the Commissioner may appoint persons as
police cadets to undergo training.

Member of the police service

(3) A police cadet is a member of the police service.

Not a peace officer

(4) For greater certainty, a police cadet is not a peace officer by virtue of his or her position.

Auxiliary members of police service

91. (1) Subject to the regulations, a police service board may appoint auxiliary members of
the police service.
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Auxiliary members of O.P.P.

(2) Subject to the regulations, the Commissioner may appoint auxiliary members of the
Ontario Provincial Police.

Suspension or termination of appointment

(3) A police service board and the Commissioner may suspend or terminate the appointment
of an auxiliary member.

Notice and opportunity to respond

(4) Before the auxiliary member’s appointment is terminated under subsection (3), the
member shall be given written notice with respect to the reasons for the termination and an
opportunity to respond orally or in writing, as the police service board or the Commissioner, as
the case may be, may determine.

Authority of auxiliary members of police service

(5) An auxiliary member of a police service has the authority of a police officer if he or she,

(a) is accompanied or supervised by a police officer in accordance with the regulations

made by the Minister and the procedures established by the chief of police; and

(b) is authorized to perform police duties by the chief of police.

Restriction
(6) The chief of police may authorize an auxiliary member of the police service to perform
police duties only in time-limited special circumstances, including an emergency, that the police
officers of the police service are not sufficiently numerous to deal with.

Same
(7) The chief of police may authorize an auxiliary member of the police service to possess
or use firearms in the course of his or her duties only in exigent circumstances and subject to any
regulations made by the Minister.

Oaths of office and secrecy

(8) A person appointed to be an auxiliary member of a police service shall, at the time of his
or her appointment, take oaths or affirmations of office and secrecy in the form prescribed by
the Minister.
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SPECIAL CONSTABLES
Special constables
Appointment
92. (1) A police service board or the Commissioner may appoint a person as a special
constable if he or she,

(a) has an offer of employment to be employed as a special constable from, or is currently

employed as a special constable by,

(i) the board or the Commissioner, or

(ii) a special constable employer located in the area for which the board or the
Commissioner has policing responsibility;

(b) is a Canadian citizen or a permanent resident of Canada;

(c) is at least 18 years of age;

(d) is physically and mentally able to perform the duties of the position, having regard to
his or her own safety and the safety of members of the public;

(e) is of good character;

(f) has completed,

(i) the training prescribed by the Minister, including techniques to de-escalate

conflict situations and any other matters prescribed by the Minister, unless the
person has been exempted from some or all of this training in accordance with
the regulations made by the Minister,

(ii) the training approved by the Minister with respect to human rights and
systemic racism, and

(iii) the training approved by the Minister that promotes recognition of and respect
for,
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(A) the diverse, multiracial and multicultural character of Ontario

society, and

(B) the rights and cultures of First Nation, Inuit and Métis Peoples;

(g) has a secondary school diploma;

(h) satisfies any additional educational criteria required, by the regulations, to be

appointed for the purposes specified under clause (7) (c); and

(i) satisfies any additional prescribed criteria.

Exception
(2) Clauses (1) (a), (b) and (g) do not apply to a person who provides policing under the law
of another jurisdiction.

Previous termination for cause

(3) An appointment under subsection (1) shall not be made if the person’s employment as a
police officer in a Canadian jurisdiction was previously terminated for cause or if the person
resigned in lieu of being terminated for cause.

Effect of area of policing responsibility

(4) A police service board or the Commissioner shall not appoint a person as a special
constable if the special constable is likely to regularly perform his or her duties or exercise his or
her powers outside of the area for which the board or the Commissioner has policing
responsibility.

Exception
(5) Subsection (4) does not apply if the police service board or the Commissioner has a
written agreement with the entity that has policing responsibility for the area that,

(a) authorizes the board or the Commissioner to make such an appointment; and

(b) addresses any other prescribed matters.

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Certificate of appointment
(6) The police service board or the Commissioner shall issue a certificate of appointment to
the person at the time of his or her appointment as a special constable.

Contents of certificate
(7) The police service board or the Commissioner shall specify in the certificate of
appointment,

(a) the name of the employer who may employ the appointee as a special constable;

(b) the term of the appointment, which must not be more than the prescribed period, if
any;

(c) the purposes for which the person may act as a special constable, from among those
set out in the regulations;

(d) the powers of a police officer that the special constable may exercise, if any, to the
extent and for the purposes specified in clause (c);

(e) any weapons or prescribed equipment that the special constable is authorized to
possess or use in the course of his or her duties; and

(f) any other terms or conditions the police service board or the Commissioner consider
appropriate.

Exception, special constable employer

(8) If the special constable is appointed to be employed by a special constable employer, the
police service board or the Commissioner shall ensure that the terms and conditions of the
appointment are consistent with the special constable employer’s authorization.

Firearms
(9) The certificate of appointment shall not authorize the special constable to possess or use
a firearm in the course of his or her duties unless,
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(a) the special constable provides policing in another jurisdiction and is authorized to
possess or use a firearm in the course of his or her duties in that jurisdiction;

(b) the special constable is authorized under a law of Canada to provide policing in
Ontario and to possess or use a firearm in the course of his or her duties; or

(c) the special constable is employed by the Niagara Parks Commission.

Reappointment
(10) A special constable may be reappointed at the end of his or her term.

Automatic termination
(11) A special constable’s appointment is terminated, without notice and without an
opportunity to respond, if he or she ceases to be employed by the employer specified in the
certificate of appointment.

Transition
(12) The following rules apply to a person who held an appointment as a special constable
under section 53 of the Police Services Act immediately before it was repealed:

1. The appointment continues under this Act and the special constable may, despite any
other requirement in this section continue to act for the period, in the area and for the
purpose set out in his or her appointment until the appointment expires or is
terminated or until the special constable is reappointed.

2. Despite subsection 95 (6), the special constable shall continue to be subject to any
restrictions on his or her use or possession of a firearm or any other equipment that
were specified in his or her appointment until the appointment expires or is terminated
or until the special constable is reappointed.

3. The appointment is deemed to expire three years after the day this subsection comes
into force if it does not expire before then.

4. The person may be reappointed as a special constable even if he or she does not meet
the educational requirements set out in clause (1) (g), and he or she may subsequently
be reappointed one or more consecutive times without meeting those requirements.
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Amendment to certificate of appointment

93. (1) The police service board or the Commissioner may amend a special constable’s
certificate of appointment, including imposing new terms and conditions or varying existing
terms and conditions, after giving the special constable written notice and an opportunity to
respond orally or in writing, as the police service board or the Commissioner, as the case may
be, may determine.

Amendment to special constable employer’s authorization

(2) If the amendment of a special constable employer’s authorization under subsection 97
(6) requires that the special constable employees’ certificates of appointment be amended to be
consistent with the authorization, the police service board or the Commissioner shall make the
required amendments in accordance with subsection (1) of this section.

Suspension and termination of special constable appointment

94. (1) A police service board or the Commissioner may suspend or terminate the
appointment of a special constable who was appointed by the board or the Commissioner, as
applicable.

Notice and opportunity to respond

(2) Before a special constable’s appointment is terminated, he or she shall be given written
notice with respect to the reasons for the termination and an opportunity to respond orally or in
writing, as the police service board or the Commissioner, as the case may be, may determine.

Special constable duties

95. (1) A person appointed as a special constable under section 92 may be employed as a
special constable by the employer specified in the certificate of appointment.

Restriction
(2) A special constable shall not be employed by a police service to perform all the duties of
a police officer on a permanent basis, whether part-time or full-time.

Same
(3) For greater certainty, subsection (2) does not prohibit police services from authorizing
special constables to escort and convey persons in custody and to perform duties related to the
responsibilities of police service boards under Part XV.
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Oaths of office and secrecy

(4) A special constable shall, at the time of his or her appointment, take oaths or
affirmations of office and secrecy in the form prescribed by the Minister.

Duties
(5) A special constable shall,

(a) carry out his or her duties in accordance with the terms, conditions and purposes set
out in the certificate of appointment;

(b) exercise any police powers conferred on him or her,

(i) only to the extent and for the specific purposes set out in the certificate of
appointment, and

(ii) in accordance with the regulations, if any;

(c) comply with the prescribed code of conduct; and

(d) perform such other duties as are assigned to him or her by or under this or any other
Act, including any prescribed duties.

Firearms, weapons and other equipment

(6) A special constable shall not possess or use a firearm, any other weapon or any other
prescribed equipment in the course of his or her duties unless,

(a) the special constable’s certificate of appointment authorizes its possession or use; or

(b) the special constable is authorized under a law of Canada to provide policing in
Ontario and to possess or use the firearm, other weapon or equipment in the course of
his or her duties.

Notice if outside area of policing responsibility

96. (1) Before a special constable exercises a power or performs a duty pursuant to his or
her appointment in an area that is outside the area for which the police service board, or the
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Commissioner, that appointed the special constable has policing responsibility, the special
constable shall give notice to the local commander of the police service that provides policing in
the area.

Content of notice
(2) The notice must include the terms and conditions imposed on the special constable’s
certificate of appointment and a general description of the special constable’s duties.

Exception, agreement
(3) Subsection (1) does not apply if the police service board, or the Commissioner, that
appointed the special constable has a written agreement with the entity that has policing
responsibility for the area that,

(a) authorizes the special constable to exercise the power or perform the duty in the area;
and

(b) addresses any other prescribed matters.

Exception, notice impractical

(4) If it is impractical for the special constable to give notice to the local commander before
performing a duty or exercising a power in the area, the special constable shall provide notice as
soon as reasonably possible after doing so.

Exception, RCMP
(5) Subsection (1) does not apply to a special constable who is a member of the Royal
Canadian Mounted Police.

SPECIAL CONSTABLE EMPLOYERS

Authorization
97. (1) A person, other than a for-profit entity, may apply to the Minister for an
authorization to employ special constables.

Application
(2) The person shall make the application in the form prescribed by the Minister and include
the prescribed information, if any.
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Issuance of authorization
(3) If the applicant meets the prescribed requirements, the Minister may issue an
authorization to employ special constables to the applicant and may impose any terms or
conditions on the authorization that the Minister considers appropriate.

Factors to be considered
(4) In considering whether to issue an authorization under this section, the Minister shall
take into consideration the prescribed factors, if any.

Written reasons if no authorization issued

(5) If the Minister decides not to issue an authorization to the applicant, the Minister shall
provide the applicant with written reasons for the decision.

Terms and conditions may be amended

(6) The Minister may amend a special constable employer’s authorization, including
imposing new terms and conditions or varying existing terms and conditions of the
authorization, after giving the special constable employer written notice and an opportunity to
respond orally or in writing, as the Minister may determine.

Notice to police service board or the Commissioner

(7) If the Minister amends a special constable employer’s authorization, the special
constable employer shall notify every police service board, or the Commissioner, who appointed
a special constable employee of the employer of the changes.

Notice to Minister
(8) A special constable employer shall notify the Minister of any changes in the information
provided to the Minister in the employer’s application for an authorization to employ special
constables or of any changes that affect the person’s ability to meet the prescribed requirements.

Special constable employer records

(9) If a special constable employer is not an institution within the meaning of the Freedom
of Information and Protection of Privacy Act or the Municipal Freedom of Information and
Protection of Privacy Act, or is not subject to comparable legislation in another jurisdiction,
then,

(a) the special constable employer’s records relating to the activities and oversight of the
special constables it employs are, for the purposes of the Freedom of Information and
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Protection of Privacy Act, deemed to be in the custody and control of the Ministry;
and

(b) the Minister shall impose terms and conditions on the special constable employer’s
authorization to address,

(i) access to the records of the special constable employer for the purpose of
discharging the obligations of the Ministry in relation to clause (a), and

(ii) the protection of personal information in the custody or control of the special
constable employer that is related to the activities and oversight of the special
constables it employs.

Definition
(10) In subsection (1),

“for-profit entity” means a corporation incorporated under the Business Corporations Act or the
Canada Business Corporations Act or any other entity that is prescribed.

Duties of special constable employer

98. (1) A special constable employer shall,

(a) comply with the terms and conditions of the authorization; and

(b) perform such other duties as are assigned to it by or under this or any other Act,
including any prescribed duties.

Investigation of conduct
(2) If a special constable employed by a special constable employer appears to have
engaged in conduct that constitutes misconduct, contravened the terms and conditions of his or
her certificate of appointment or contravened any other provision of this Act or the regulations,
the special constable employer shall,

(a) investigate the conduct and determine if it constitutes such a contravention;

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(b) report the contravention or alleged contravention to the police service board, or the
Commissioner, that appointed the special constable; and

(c) take appropriate action to remedy the contravention.

Requiring or permitting contraventions

(3) A special constable employer shall not require or permit a special constable to engage in
conduct that constitutes misconduct, a contravention of the terms and conditions of his or her
certificate of appointment or any other contravention of this Act or the regulations.

Compliance with investigation

(4) A special constable employer shall comply with any investigations conducted by the
Complaints Director, the SIU Director or the Inspector General.

Notice to police service board or the Commissioner

(5) A special constable employer shall notify the police service board, or the Commissioner,
who appointed a special constable employee of the employer if,

(a) there is any change to the employment status of the special constable employee; or

(b) the special constable employer becomes aware of any information that might
reasonably affect an assessment of whether the special constable is of good character
or is physically and mentally able to perform the duties of the position.

Suspension or termination of authorization to employ

99. (1) Subject to subsection (2), the Minister may suspend or terminate a special constable
employer’s authorization if,

(a) the employer provided false or misleading information under this Act or the
regulations;

(b) the employer failed to act in accordance with the terms and conditions of the
authorization;

(c) in the Minister’s opinion, the employer did not take appropriate action when the
employer knew or ought reasonably to have known that his, her or its special
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constable employee contravened the terms and conditions of his or her certificate of
appointment or contravened any other provision of this Act or the regulations;

(d) the employer no longer meets the prescribed requirements for the issuance of the
authorization;

(e) the employer failed to comply with a direction issued by the Inspector General under
section 125;

(f) the employer is not in compliance with any other provision of this Act or the
regulations; or

(g) in the Minister’s opinion, the authorization is not in the public interest.

Opportunity to respond
(2) Before suspending or terminating an authorization, the Minister shall give the special
constable employer written notice and an opportunity to respond orally or in writing, as the
Minister may determine.

Notification
(3) The Minister must notify the special constable employer in writing of any decision to
suspend or terminate his or her authorization to employ special constables as soon as possible.

SPECIAL CONSTABLES HOLDING OUT AS POLICE OFFICERS

Holding out as police officer
100. (1) No special constable shall hold himself or herself out as a police officer.

Same, employer
(2) No special constable employer shall hold his, her or its special constables out as police
officers.

Same, use of terminology

(3) No special constable employer shall use the terms “police”, “police service”, “police
force” or any similar term to describe his, her or its special constables.
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Exception, other jurisdictions

(4) Subsections (1), (2) and (3) do not apply to a special constable who is appointed or
employed as a police officer under the law of another jurisdiction.

Exception, First Nation Officers

(5) Subsection (3) does not apply to a special constable employer who employs First Nation
Officers.

Exception, Niagara Parks Commission

(6) Subsection (3) does not prevent the Niagara Parks Commission from using the name
“Niagara Parks Police Service”.

Offence
(7) A special constable who contravenes subsection (1) is guilty of an offence and on
conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000.

Same
(8) A special constable employer who contravenes subsection (2) or (3) is guilty of an
offence and on conviction is liable to a fine of not more than $10,000.

FIRST NATION OFFICERS

First Nation Officers
101. (1) The Commissioner may appoint a First Nation Officer to perform specified duties.

Further approval
(2) If the specified duties of a First Nation Officer relate to a First Nation reserve, the
appointment also requires the approval of the reserve’s police governing authority or band
council.

Powers of police officer

(3) A First Nation Officer is a peace officer and has the powers of a police officer for the
purpose of carrying out his or her specified duties.
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Duty to consult
(4) The Commissioner shall not suspend or terminate the appointment of a First Nation
Officer whose specified duties relate to a First Nation reserve without first consulting with the
police governing authority or band council that approved the appointment.

Suspension or termination of appointment

(5) The power to appoint a First Nation Officer includes the power to suspend or terminate
the appointment.

Notice and opportunity to respond

(6) Before a First Nation Officer’s appointment is terminated, he or she shall be given
written notice with respect to the reasons for the termination and an opportunity to respond
orally or in writing, as the Commissioner may determine.

Oaths of office and secrecy

(7) A person appointed to be a First Nation Officer shall, at the time of his or her
appointment, take oaths or affirmations of office and secrecy in the form prescribed by the
Minister.

Transition
(8) A person who held an appointment as a First Nation Constable under section 54 of the
Police Services Act immediately before it was repealed shall be deemed to be appointed as a
First Nation Officer on the day this subsection comes into force.

PART VII
INSPECTOR GENERAL OF POLICING
APPOINTMENT AND DUTIES
Inspector General of Policing
102. (1) The Lieutenant Governor in Council shall appoint an Inspector General of Policing
and may appoint one or more deputy Inspectors General.

Term
(2) The Inspector General shall hold office for a term of five years and may be reappointed
for one further term of five years.
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Inspector General’s duties

(3) The Inspector General shall,

(a) monitor and conduct inspections of police service boards, O.P.P. detachment boards,
First Nation O.P.P. boards, chiefs of police, special constable employers, police
services, prescribed policing providers and the Advisory Council to ensure that they
comply with this Act and the regulations;

(b) consult with and advise police service boards, O.P.P. detachment boards, First Nation
O.P.P. boards, chiefs of police, special constable employers, police services,
prescribed policing providers, prescribed entities and the Advisory Council regarding
compliance with this Act and the regulations;

(c) monitor and conduct inspections of members of police service boards, O.P.P.
detachment boards, First Nation O.P.P. boards and the Advisory Council to ensure
that they do not commit misconduct;

(d) develop, maintain and manage records and conduct analyses regarding compliance
with this Act and the regulations;

(e) deal with complaints under sections 106 and 107 and with disclosures of misconduct
under section 185;

(f) submit an annual report to the Minister; and

(g) perform such other duties as are assigned to him or her by or under this or any other
Act, including any prescribed duties.

Required training
(4) The Inspector General, and any deputy Inspectors General, shall not exercise any of their
powers or perform any of their duties under this Act unless they have successfully completed,

(a) the training approved by the Minister with respect to human rights and systemic
racism;

(b) the training approved by the Minister that promotes recognition of and respect for,
 127

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples; and

(c) any other training prescribed by the Minister.

Role respecting police officers and special constables

(5) The Inspector General shall not conduct inspections of police officers or special
constables for the purpose of determining whether they have engaged in conduct that constitutes
misconduct.

Delegation
(6) The Inspector General may delegate any of his or her powers and duties under this Act
or the regulations to another person in writing, subject to any limitations, conditions or
requirements set out in the delegation.

Deputy Inspector General

(7) A deputy Inspector General shall act in the place of the Inspector General if he or she is
absent or unable to act and, when so acting, may exercise all the powers and shall perform all
the duties of the Inspector General.

Minister’s directions
(8) The Minister shall not direct the Inspector General or any inspector appointed by the
Inspector General with respect to the performance of their functions under this Act.

Annual report
103. (1) On or before June 30 in each year, the Inspector General shall file an annual report
with the Minister that addresses at least the following matters:

1. The activities of the Inspector General, including,

i. inspections conducted,

ii. complaints dealt with under sections 106 and 107,

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iii. notifications sent to the Complaints Director or the SIU Director,

iv. directions issued under section 125, and

v. measures imposed under section 126.

2. The compliance of the police service boards, O.P.P. detachment boards, First Nation
O.P.P. boards, chiefs of police, special constable employers, police services,
prescribed policing providers and the Advisory Council with this Act and the
regulations.

3. Any other prescribed matters.

Publication and tabling

(2) The Minister shall publish the annual report on the Internet.

INFORMATION

Information to Inspector General in accordance with regulations

104. (1) The police service boards, the chiefs of police, special constable employers,
prescribed policing providers and administrators appointed under Part VII shall provide the
Inspector General with information prescribed by the Minister related to the discharge of the
Inspector General’s duties under subsection 102 (3) at the frequency and in the manner set out in
the regulations made by the Minister.

Information to Inspector General on request

(2) The police service boards, the chiefs of police, special constable employers, prescribed
policing providers and administrators appointed under Part VII shall provide the Inspector
General with such information as he or she may request from time to time.

Time to comply
(3) The information requested under subsection (2) shall be provided in the form and
manner and within the time specified in the Inspector General’s request.
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Chief of police may decline

(4) A chief of police may decline to provide information under this section if authorized to
do so by the regulations.

Personal information
105. (1) The Inspector General may collect personal information under subsection 104 (1)
or (2), directly or indirectly, only if the collection is necessary for the purpose of discharging his
or her duties under clause 102 (3) (a), (c), (d) or (e).

Other information serves purpose

(2) The Inspector General shall not collect or use personal information under subsection (1)
if other information will serve the purpose of the collection or use.

Personal information limited to what is reasonably necessary

(3) The Inspector General shall not collect or use more personal information under
subsection (1) than is reasonably necessary to meet the purpose of the collection or use.

Accuracy
(4) Before using personal information collected under subsection (1), the Inspector General
shall take reasonable steps to ensure that the information is as accurate as is necessary for the
purpose of the use.

De-identification
(5) The Inspector General shall take such steps as are prescribed relating to the de-
identification of personal information collected under subsection (1).

Security
(6) The Inspector General shall take reasonable measures to secure the personal information
collected under subsection (1).

Notice required by s. 39 (2) of FIPPA

(7) If the Inspector General collects personal information indirectly under subsection (1),
the notice required by subsection 39 (2) of the Freedom of Information and Protection of
Privacy Act may be given by,

(a) a public notice posted on a Government of Ontario website; or

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(b) any other method that may be prescribed.

Rights of access and correction

(8) Nothing in this section limits the right of an individual under any Act to access and
correct personal information about the individual.

COMPLAINTS
Board member complaints
106. (1) Any person, other than a prescribed person, who believes that a member of a police
service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council
has committed misconduct may make a complaint to the Inspector General in accordance with
the regulations, if any.

Frivolous or vexatious or made in bad faith

(2) The Inspector General may refuse to investigate a complaint about a member of a board
received under subsection (1) or from the Complaints Director if, in the Inspector General’s
opinion,

(a) the complaint is frivolous, vexatious or made in bad faith; or

(b) having regard to all the circumstances, dealing with the complaint is not in the public
interest.

Same
(3) For the purposes of a determination under clause (2) (b) as to whether or not it is in the
public interest to investigate a complaint, the Inspector General shall consider,

(a) whether the subject matter of the complaint has been or is currently the subject of an
investigation under this Act or a predecessor of this Act;

(b) whether the subject matter of the complaint could be more appropriately dealt with, in
whole or in part, under another Act or law or in another adequate forum;

(c) whether a decision to not conduct an investigation would negatively impact public
confidence in policing; and
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(d) whether an investigation is reasonably practicable, having regard to the information or

evidence available.

Duty to inform
(4) The Inspector General shall inform the complainant of a refusal to investigate under
subsection (2).

Grounds for further investigation

(5) If there appear to be grounds to believe that the member has committed misconduct, the
Inspector General shall,

(a) investigate the matter, including, if appropriate, by appointing an inspector to exercise

the powers of an inspector under this Part; and

(b) inform the complainant about the investigation and keep him or her apprised of the
steps taken to resolve the complaint.

No grounds for further investigation

(6) If there do not appear to be grounds to investigate the matter further, the Inspector
General shall inform the complainant and take no further action under this section.

Costs
(7) The Inspector General may charge the costs of an investigation into whether a member
of a police service board, an O.P.P. detachment board or a First Nation O.P.P. board has
committed misconduct to the board the person is a member of.

Policing complaints
107. (1) Any person, other than a prescribed person, may make a complaint to the Inspector
General in accordance with the regulations, if any, regarding,

(a) the adequacy and effectiveness of policing provided under this Act or the regulations,
including policing provided by a prescribed policing provider, special constable
employer or prescribed entity;

(b) a failure of a police service board, O.P.P. detachment board, First Nation O.P.P.
board, chief of police, special constable employer, police service, prescribed policing
132

provider or the Advisory Council to comply with this Act or the regulations, other
than misconduct, including a systemic failure;

(c) the policies of a police service board, an O.P.P. detachment board, a First Nation
O.P.P. board or the Minister; or

(d) the procedures established by a chief of police.

Frivolous or vexatious or made in bad faith

(2) The Inspector General may dismiss the complaint and take no further action under this
section if, in the Inspector General’s opinion,

(a) the complaint is frivolous, vexatious or made in bad faith; or

(b) having regard to all the circumstances, dealing with the complaint is not in the public
interest.

Same
(3) For the purposes of a determination under clause (2) (b) as to whether or not it is in the
public interest to investigate a complaint, the Inspector General shall consider,

(a) whether the subject matter of the complaint has been or is currently the subject of an
investigation under this Act or a predecessor of this Act;

(b) whether the subject matter of the complaint could be more appropriately dealt with, in
whole or in part, under another Act or law or in another adequate forum;

(c) whether a decision to not conduct an investigation would negatively impact public
confidence in policing; and

(d) whether an investigation is reasonably practicable, having regard to the information or

evidence available.

Duty to inform
(4) The Inspector General shall inform the complainant of a dismissal under subsection (2).
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Grounds for investigation

(5) If there appear to be grounds to believe that the matter complained of warrants
investigation, the Inspector General shall,

(a) investigate the matter, including, if appropriate, by appointing an inspector to exercise

the powers of an inspector under this Part; and

(b) inform the complainant about the investigation and keep him or her apprised of the
steps taken to resolve the complaint.

Policy or procedure complaint

(6) If the complaint does not relate to the matters referred to in clause (1) (a) or (b), or if
there do not appear to be grounds to investigate those matters, and if the complaint relates to the
policies or procedures referred to in clause (1) (c) or (d), the Inspector General shall,

(a) forward the complaint to the Minister and to,

(i) the Advisory Council, if the complaint relates to the policies of the Minister
or procedures established by the Commissioner,

(ii) the police service board that maintains the police service, if the complaint
relates to the board’s policies or the procedures established by the chief of
police, or

(iii) the O.P.P. detachment board or the First Nation O.P.P. board, if the complaint
relates to the board’s procedures; and

(b) inform the complainant of the decision and of the persons or bodies that the complaint
has been forwarded to.

Report back
(7) A police service board, O.P.P. detachment board or First Nation O.P.P. board that
receives a complaint under subsection (6) shall,
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(a) review the complaint as it relates to the policies or procedures referred to in clause (1)
(c) or (d);

(b) report back to the Inspector General within the time specified by the Inspector
General, if any, about any steps taken in response to the complaint; and

(c) report to the Minister about any steps taken in response to the complaint.

Same
(8) The Minister shall review any complaint regarding the Minister’s policies or the
procedures established by the Commissioner and report back to the Inspector General within the
time specified by the Inspector General, if any, about any steps taken in response to the
complaint.

Minister’s review
(9) The Minister shall review any complaint received under clause (6) (a) for the purpose of
considering whether changes are required regarding training or the requirements established
under this Act or the regulations.

No grounds for further investigation, other complaint

(10) If there do not appear to be grounds to investigate the matter, or to investigate it
further, and the complaint does not relate to the policies or procedures referred to in clause (1)
(c) or (d), the Inspector General shall inform the complainant and take no further action under
this section.

Forwarding of complaints
108. (1) If a person who may make a complaint under section 106 or 107 to the Inspector
General instead makes the complaint to any of the following persons or entities, that person or
entity shall forward the complaint to the Inspector General, inform the person who made the
complaint that the complaint has been forwarded, and provide the person with information about
the role of the Inspector General:

1. The Minister.

2. The Complaints Director, a deputy Complaints Director or an investigator appointed

under section 136.
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3. The SIU Director or an employee or investigator in the Special Investigations Unit.

4. A chief of police.

5. A police service board or a member of a police service board.

6. An O.P.P. detachment board or a member of an O.P.P. detachment board.

7. A First Nation O.P.P. board or a member of a First Nation O.P.P. board.

8. The Advisory Council or a member of the Advisory Council.

9. A special constable employer.

10. A prescribed entity.

11. A prescribed policing provider.

12. Any other person or entity prescribed by the Minister.

Complaint received by member of police service or special constable

(2) If a person who may make a complaint to the Inspector General under section 106 or
107 instead makes the complaint to a member of a police service other than a chief of police or
to a special constable who is not a member of a police service, the member of a police service or
special constable shall notify his or her chief of police or special constable employer of the
complaint, and subsection (1) of this section applies, with necessary modifications, as if the
complaint had been made to the chief of police or special constable employer.

Deemed to have been made to Inspector General

(3) The complaint of a person that is forwarded to the Inspector General under this section is
deemed for the purposes of this Act to have been made by the person directly to the Inspector
General.
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Complaints by Minister
109. (1) For greater certainty, the Minister may make a complaint under section 106 or 107.

Decline investigation
(2) If the Minister makes a complaint under section 106 or 107, the Inspector General may
decline to act on it and shall provide the Minister with written reasons for that decision.

Interpretation, portion of a complaint

110. This Part applies to a portion of a complaint as if it were a complaint, unless the
context indicates otherwise.

INSPECTIONS
Inspectors
111. (1) The Inspector General may appoint such inspectors as are necessary to conduct the
inspections referred to in subsection (2).

Power to inspect
(2) The Inspector General may cause an inspection to be conducted by an inspector for the
purpose of,

(a) ensuring that a police service board, O.P.P. detachment board, First Nation O.P.P.
board, chief of police, special constable employer, police service, prescribed policing
provider or the Advisory Council is complying with this Act and the regulations;

(b) ensuring that a member of a police service board, an O.P.P. detachment board, a First
Nation O.P.P. board or the Advisory Council has not committed misconduct; or

(c) discharging any other duties assigned to the Inspector General under this Act or the
regulations.

Required training
(3) An inspector appointed under this section shall not exercise any of his or her powers or
perform any of his or her duties under this Act unless he or she has successfully completed,

(a) the training approved by the Minister with respect to human rights and systemic
racism;
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(b) the training approved by the Minister that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples; and

(c) any other training prescribed by the Minister.

Conduct that constitutes misconduct

(4) The inspectors shall not conduct inspections for the purpose of determining whether a
police officer or special constable has engaged in conduct that constitutes misconduct.

Inspector General and deputies are inspectors

(5) The Inspector General and any deputy Inspectors General are, by virtue of their office,
inspectors.

Certificate of appointment
(6) The Inspector General shall issue to every inspector appointed under this section a
certificate of appointment.

Identification
(7) Every inspector who exercises powers under this Act shall, on request, identify himself
or herself as an inspector, produce a copy of any certificate of appointment issued to the
inspector and explain the purpose of the exercise of the powers.

Limitation on authority
(8) The Inspector General may, in the inspector’s certificate of appointment, limit the
inspector’s authority in such manner as the Inspector General considers necessary or advisable.

Inspection timing
(9) An inspector conducting an inspection described in clause (2) (b) shall endeavour to
ensure that the inspection is concluded within 120 days.
138

Status report
(10) If the timing requirements of subsection (9) are not met in respect of an inspection, the
inspector shall give notice of the status of the inspection to the subject of the inspection every 30
days until it is concluded unless, in the opinion of the inspector, doing so might prejudice the
inspection.

Request for inspection by Minister

(11) The Minister may request that the Inspector General cause an inspection to be
conducted under subsection (2).

Decline inspection
(12) If the Minister makes a request under subsection (11), the Inspector General may
decline to cause the inspection to be conducted and shall provide the Minister with written
reasons for that decision.

Restrictions on inspections
Commissioner or O.P.P.
112. (1) An inspector shall not conduct an inspection regarding a matter related to the
Ontario Provincial Police if the inspector is, or has been, a member of the Ontario Provincial
Police.

Employed by entity
(2) An inspector shall not conduct an inspection regarding a matter related to an entity if the
inspector is, or has been, employed by the entity.

Employed by police service board

(3) An inspector shall not inspect a chief of police under this Part if the inspector and the
chief are, or have been, employed by the same police service board.

Inspection without order

113. (1) An inspector may, at any reasonable time, enter a place, including a receptacle or
vehicle, owned or occupied by a police service board, O.P.P. detachment board, First Nation
O.P.P. board, special constable employer, prescribed policing provider, prescribed entity or the
Advisory Council, or used by members of a police service, for a purpose described in subsection
111 (2) if the inspector reasonably believes that,

(a) the place contains a thing, document or data relevant to that purpose; or
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(b) an activity relating to the purpose of the inspection is occurring or has occurred at the
place.

Expert help
(2) The inspector may be accompanied and assisted by persons who have special, expert or
professional knowledge.

No inspection of dwellings without order

(3) The inspector shall not enter, without the occupier’s consent, a place or part of a place
used as a dwelling under this section.

No force
(4) The inspector shall not use force to enter a place under this section.

Inspection order
114. (1) An inspector may, without notice, apply to a justice of the peace or a provincial
judge for an order under this section to enter and inspect,

(a) a place described in subsection 113 (1) that is a dwelling or that contains a dwelling;
or

(b) a place, including a receptacle or vehicle, that is used by a chief of police or a member
of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or
the Advisory Council in relation to the performance of his or her duties under this Act
or the regulations.

Issuance of order
(2) A justice of the peace or provincial judge may issue an order authorizing the inspector to
enter a place referred to in subsection (1) and to exercise any of the powers set out in the order if
the justice or judge is satisfied on information under oath or affirmation that,

(a) the inspection is for a purpose described in subsection 111 (2); and

(b) there are reasonable grounds to believe that,

140

(i) the place contains a thing, document or data relevant to the purpose of the
inspection, or

(ii) an activity relating to the purpose of the inspection is occurring or has

occurred at the place.

Powers on entry
(3) The order may, in relation to the inspection, authorize the inspector to exercise any or all
of the powers set out in subsection 115 (1).

Dwelling
(4) Despite subsection (1), the inspector shall not exercise the power under an order to enter
a place or part of a place used as a dwelling, unless the justice of the peace or provincial judge is
informed that the order is being sought to authorize entry into a dwelling and the order
authorizes the entry into the dwelling.

Expert help
(5) The order issued under subsection (1) may authorize persons who have special, expert or
professional knowledge to accompany and assist the inspector in the execution of the order.

Conditions
(6) The order may contain terms and conditions in addition to those provided for in
subsection (1) as the justice of the peace or provincial judge, as the case may be, considers
advisable in the circumstances.

Time of execution
(7) The order shall be executed between 6 a.m. and 9 p.m., unless it specifies otherwise.

Expiry of order
(8) The order is valid for 30 days or for such shorter period as may be specified in it.

Further orders
(9) A justice of the peace or provincial judge may issue further orders under subsection (1).

No force
(10) The inspector shall not use force to enter a place under this section.
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Inspection powers
115. (1) An inspector may do one or more of the following in the course of entering a place
and conducting an inspection under this Part:

1. Examine anything that relates to the inspection.

2. Examine, record or copy any thing, data or information, in any form, by any method.

3. Require the production of any document or data, in any form, required to be kept
under this Act or the regulations and of any other document or data, in any form,
related to the purpose of the inspection.

4. Remove from the place, for the purpose of making copies, documents or data
produced under paragraph 3.

5. Make reasonable inquiries of any person, orally or in writing.

6. Take samples for analysis.

7. Conduct tests or make measurements.

Limitation
(2) A record or copy made under paragraph 2 of subsection (1) must be made in a manner
that does not intercept any private communication and that accords with reasonable expectations
of privacy.

Document or data in electronic form

(3) If a document or data is retained in electronic form, an inspector may require that a copy
of it be provided to him or her on paper or electronically, or both.

Obligation to produce and assist

(4) If the inspector requires that a person produce or provide access to a thing, document or
data, the person shall do so in the manner and within the period specified by the inspector and
shall, if requested to do so, provide any assistance that is reasonably necessary to permit the
inspector to understand the thing, document or data.
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Limitation re removal
(5) An inspector shall not remove things, documents or data under paragraph 4 of
subsection (1) without giving a receipt for them and shall promptly return them to the person
who produced them.

Power to exclude persons

(6) An inspector who exercises the power set out in paragraph 5 of subsection (1) may
exclude any person from the questioning.

Closed meetings
(7) An inspector has the authority to enter a meeting of the Advisory Council, a police
service board, an O.P.P. detachment board, a First Nation O.P.P. board or a committee of such a
board for the purpose of conducting an inspection under this Part, except,

(a) any part of the meeting in which the subject matter being considered is advice that
would be inadmissible in a court by reason of any privilege under the law of evidence;
or

(b) in prescribed circumstances.

Notification
(8) An inspector shall immediately advise a person who is required to do anything under
this section and the person’s employer, if applicable, respecting a failure of the person to comply
with this section and, in doing so, shall inform each of them of the penalty to which a person is
liable under section 129.

Power to require response to inquiries

116. (1) An inspector may, at any reasonable time, require any of the following persons or
entities to respond to reasonable inquiries related to the purpose of the inspection:

1. A member or employee of a police service board, including a member of a police

service maintained by a police service board.

2. A member of the Ontario Provincial Police.

3. A member or employee of an O.P.P. detachment board, a First Nation O.P.P. board or

the Advisory Council.
 143

4. A special constable employer, a prescribed policing provider or a prescribed entity, or

an officer, director or employee of such an employer, provider or entity.

5. An entity that employs First Nation Officers who are providing policing functions in
accordance with an agreement under section 27.

Same
(2) For the purposes of subsection (1), an inspector may make inquiries by any means of
communication.

Orally or in writing
(3) The inspector may require the person to respond orally or in writing, as the inspector
may determine.

Production
(4) In requiring a person to respond to an inquiry under subsection (1), an inspector may
require the production of any thing, document or data related to the inquiry.

Document or data in electronic form

(5) If a document or data is retained in electronic form, an inspector may require that a copy
of it be provided to him or her on paper or electronically, or both.

Notification
(6) An inspector shall immediately advise a person who is required to do anything under
this section and the person’s employer, if applicable, respecting a failure of the person to comply
with this section and, in doing so, shall inform each of them of the penalty to which a person is
liable under section 129.

Detention of things, documents or data

117. An inspector may detain any thing, document or data obtained under section 115 or
116 for any period and for any purpose relating to enforcing this Act and the regulations.

Privilege preserved
118. Nothing in this Part shall operate so as to require the disclosure of information that
would be inadmissible in a court by reason of any privilege under the law of evidence, or permit
the review of anything containing such information.
144

Confidentiality
119. The Inspector General and every deputy Inspector General and inspector appointed
under section 111 shall preserve secrecy in respect of all information obtained by him or her in
the course of exercising a power or performing a duty under this Act and shall not communicate
any such information to any person except,

(a) as may be required in connection with the administration of this Act or the
regulations;

(b) to his or her counsel;

(c) as may be required for law enforcement purposes;

(d) with the consent of the person, if any, to whom the information relates; or

(e) where disclosure is otherwise required by law.

Notice
SIU notification
120. (1) If, in the course of an inspection under this Part, an inspector becomes aware of an
incident that a designated authority would have a duty to report under section 16 of the Special
Investigations Unit Act, 2019, the inspector shall notify the SIU Director unless the inspector
believes the SIU Director has already been notified.

Misconduct notice
(2) If, in the course of an inspection under this Part, an inspector becomes aware that a
police officer, special constable employed by the Niagara Parks Commission, a member of a
police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory
Council, or a peace officer in the Legislative Protective Service may have engaged in conduct
that constitutes misconduct,

(a) the inspector shall notify the Inspector General; and

(b) if the Inspector General determines that it is appropriate to do so, the Inspector
General shall notify the Complaints Director.
 145

Police criminal offence or incapacity notice

(3) If, in the course of an inspection under this Part, an inspector reasonably suspects that a
member of a police service may have committed a criminal offence that does not meet the
criteria to notify the SIU Director under subsection (1) or may be incapable of performing the
duties of the member’s position, the inspector shall notify the member’s chief of police or, if the
member is a chief of police or a deputy chief of police, the Inspector General.

Special constable incapacity notice

(4) If, in the course of an inspection under this Part, an inspector reasonably suspects that a
special constable employed by a special constable employer may be incapable of performing the
duties of his or her position, the inspector shall notify the special constable employer and the
police service board, or the Commissioner, that appointed the special constable.

Other persons, criminal offences

(5) If, in the course of an inspection under this Part, an inspector reasonably suspects that a
member of a police service, a police service board, an O.P.P. detachment board, a First Nation
O.P.P. board or of the Advisory Council or a member, director, officer or employee of a special
constable employer, prescribed policing provider or prescribed entity may have committed a
criminal offence, the inspector shall notify the Inspector General.

Referral to other chief of police

121. If the Inspector General is notified under subsection 120 (3) or (5) that a chief of
police, a deputy chief of police or a member of a police service board, O.P.P. detachment board,
First Nation O.P.P. board or the Advisory Council may have committed a criminal offence,

(a) the Inspector General shall refer the matter to the chief of police of an unrelated police
service; and

(b) the chief of police referred to in clause (a) shall investigate the matter.

Board member duties during and after investigation

122. (1) The Inspector General may direct a member of a police service board, an O.P.P.
detachment board, a First Nation O.P.P. board or the Advisory Council to decline to exercise his
or her powers or perform his or her duties as a member of the board from the beginning of an
investigation into the member’s conduct or work performance under this Part until,
146

(a) the member receives notice from the Inspector General that no further action will be
taken in respect of the investigation; or

(b) the Inspector General exercises a power under section 124 as a result of the
investigation.

Not enough members

(2) If the application of subsection (1) results in a board not having enough members able to
exercise their powers or perform their duties in order to constitute a quorum, the Inspector
General may appoint the number of persons necessary to constitute a quorum, who shall act in
the place of the members who are unable to exercise their powers or perform their duties.

Same
(3) The Inspector General shall,

(a) specify in an appointment made under subsection (2) that the appointee may only
exercise such powers or perform such duties as are necessary for the effective
operation of the board during the investigation and, for such purpose, may specify the
powers or duties the appointee may or may not exercise or perform; and

(b) cancel an appointment made under subsection (2) as soon as the investigation is over.

RESULTS OF INSPECTION
Results of inspection
123. (1) An inspector who completes an inspection under this Part shall report his or her
findings to the Inspector General.

Inspector General’s notification

(2) Unless the regulations provide otherwise, the Inspector General shall notify the subject
of the inspection and, in the case of an investigation into board member misconduct, the person
or entity who appointed the member of the findings in the report.

Publication
(3) The Inspector General shall publish the report made under subsection (1) on the Internet
in accordance with the regulations, if any.
 147

Inspector General’s powers

124. (1) If, in the opinion of the Inspector General, the report made under subsection 123
(1) discloses evidence that a member of a board or the Advisory Council has committed
misconduct, the Inspector General may,

(a) reprimand the member of the board;

(b) suspend the member of the board for a specified period or until he or she has complied
with specified conditions or, in the case of a member of the Advisory Council,
recommend that the Lieutenant Governor in Council impose such a suspension; or

(c) remove the member from the board or, in the case of a member of the Advisory
Council, recommend that the Lieutenant Governor in Council remove him or her from
the board.

Before imposing measures

(2) Before exercising a power under subsection (1), the Inspector General shall provide
written notice of the proposed measures to the member and to his or her board and provide the
member an opportunity to respond orally or in writing, as the Inspector General may determine.

Exercise of powers
(3) After considering the response, if any, the Inspector General may implement the
proposed measures, impose a lesser measure or rescind his or her intention to implement them.

Notice
(4) The Inspector General shall notify the board or the Advisory Council, as applicable, and
the person or entity who appointed the member of any action taken under subsection (1).

Replacement of suspended or removed member

(5) If the Inspector General suspends a member of a board or removes him or her from
office, the entity responsible for appointing members of the board shall appoint a person to
replace the member.

Suspension with or without pay

(6) If the Inspector General suspends a member of a board who is entitled to remuneration,
the Inspector General shall specify whether the suspension is with or without pay.
148

Consequences of removal and suspension

(7) A member who has been removed from a board under this section is not eligible to be a
member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or
the Advisory Council, and a member who has been suspended shall not be reappointed during
the period of suspension.

Report
(8) The Inspector General shall prepare a report respecting any action taken under
subsection (1) and publish it on the Internet in accordance with the regulations made by the
Minister, if any.

Non-compliance with Act or regulations

125. (1) If, in the opinion of the Inspector General, the report made under subsection 123
(1) discloses evidence of non-compliance with a requirement of this Act or the regulations, or
evidence that an act or omission will likely result in such non-compliance, the Inspector General
may issue any directions to a police service board, O.P.P. detachment board, First Nation O.P.P.
board, chief of police, special constable employer, police service, prescribed policing provider
or the Advisory Council that he or she considers advisable to remedy or prevent the non-
compliance.

Directions
(2) For greater certainty, a direction under subsection (1) may include a direction requiring
the reassignment of an investigation to a different police service.

Consideration
(3) Without restricting the matters the Inspector General shall consider when deciding
whether to issue a direction under subsection (1), the Inspector General shall consider whether
the non-compliance or likelihood of non-compliance is the result of exceptional circumstances
beyond the control of the non-compliant person.

Non-application
(4) Subsection (1) does not apply with respect to non-compliance or potential non-
compliance that constitutes misconduct.

Direction
(5) The direction shall,

(a) be in writing;
 149

(b) specify the provision of this Act or the regulations that the Inspector General believes
has not been complied with or is likely to not be complied with; and

(c) briefly describe the nature of the non-compliance or likely non-compliance.

Reconsideration
(6) The Inspector General may vary or revoke a direction issued under this section.

Time to comply
(7) The subject of the direction shall comply with it within the time period specified in the
direction.

Copy to Minister
(8) The Inspector General shall provide a copy of every direction issued under this section
to the Minister and publish it on the Internet in accordance with the regulations, if any.

Failure to comply with Inspector General’s direction

126. (1) If the subject of a direction issued under section 125 fails to comply with it, the
Inspector General may impose any of the following measures or any combination of them to
remedy the non-compliance:

1. In the case of a police service, other than the Ontario Provincial Police, a police
service board or a chief of police, other than the Commissioner, the Inspector General
may,

i. suspend the chief of police, one or more members of the police service board,
or the whole board, for a specified period,

ii. remove the chief of police, one or more members of the police service board,
or the whole board, from office,

iii. appoint an administrator to administer the police service or to perform other

specified functions with respect to policing in the area served by the police
service in accordance with section 127, or
150

iv. dissolve the police service board and disband the police service.

2. In the case of the Ontario Provincial Police or the Commissioner, the Inspector
General may,

i. direct the Commissioner to comply with the direction,

ii. recommend to the Lieutenant Governor in Council that the Commissioner be

suspended or removed from office, or

iii. with the approval of the Lieutenant Governor in Council, appoint an

administrator to administer the Ontario Provincial Police or to perform other
specified functions with respect to policing in the area served by the police
service in accordance with section 127.

3. In the case of an O.P.P. detachment board or First Nation O.P.P. board, the Inspector
General may,

i. suspend one or more members of the board, or the whole board, for a
specified period,

ii. remove one or more members of the board, or the whole board, from office,
or

iii. in the case of a First Nation O.P.P. board, dissolve the board.

4. In the case of the Advisory Council, the Inspector General may,

i. suspend one or more members of the Council, or the whole Council, for a
specified period, or

ii. recommend to the Lieutenant Governor in Council that one or more members
of the Council, or the whole Council, be removed from office.
 151

5. In the case of a special constable employer, the Inspector General may terminate or
impose terms and conditions on the special constable employer’s authorization to
employ special constables.

6. In the case of a prescribed policing provider, the Inspector General may appoint an
administrator to administer it in accordance with section 127.

Before imposing measure

(2) Before imposing a measure under subsection (1), the Inspector General shall provide
written notice to the affected person or body of the proposed measures and provide an
opportunity to respond orally or in writing, as the Inspector General may determine.

Imposition of measures
(3) After considering the response, if any, the Inspector General may implement the
proposed measures, impose a lesser measure or rescind his or her intention to implement them.

Notice
(4) The Inspector General shall immediately provide notice of any measure implemented
under this section to the Minister and, if the measure is taken against an individual, the Inspector
General shall also immediately notify,

(a) in the case of a chief of police or deputy chief of police, other than the Commissioner
or a deputy Commissioner, the police service board; or

(b) in the case of a member of a police service board, an O.P.P. detachment board a First
Nation O.P.P. board or the Advisory Council, the person or entity who appointed the
member.

Criteria for dissolving and disbanding

(5) The Inspector General may dissolve a police service board and disband a police service
only if he or she is satisfied that there is no reasonable alternative to ensure the provision of
adequate and effective policing.

Replacement of chief of police

(6) If the Inspector General suspends or removes a chief of police, the Inspector General
may appoint a replacement.
152

Replacement of suspended or removed member

(7) If the Inspector General suspends a member of a police service board, O.P.P. detachment
board, First Nation O.P.P. board or the Advisory Council or removes him or her from office, the
municipality, band council or the Lieutenant Governor in Council, as the case may be, shall
appoint a person to replace the member.

Suspension with or without pay

(8) If the Inspector General suspends a chief of police or a member of a police service
board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council who is
entitled to remuneration, the Inspector General shall specify whether the suspension is with or
without pay.

Revocation of suspension
(9) The Inspector General may revoke a suspension issued under this section at any time.

Extension of suspension
(10) The Inspector General may extend a suspension issued under this section after
providing notice and an opportunity to respond to the suspended person, orally or in writing, as
the Inspector General may determine.

Consequences of removal and suspension

(11) A member who has been removed from a board under this section is not eligible to be a
member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or
the Advisory Council, and a member who has been suspended shall not be reappointed during
the period of suspension.

Report
(12) The Inspector General shall prepare a report respecting any action taken under
subsection (1) and publish it on the Internet in accordance with the regulations made by the
Minister, if any.

Administrators
127. (1) This section applies to an administrator appointed to administer a police service or
prescribed policing provider under section 126.

Term of office
(2) The appointment of an administrator is valid until terminated by order of the Inspector
General.
 153

Powers of administrator
(3) Unless the appointment provides otherwise, the administrator has the exclusive right to
exercise all of the powers of the police service board, chief of police or governing body of the
prescribed policing provider.

Same
(4) The Inspector General may specify the powers and duties of an administrator in the
appointment and set out the terms and conditions governing those powers and duties.

Additional powers of administrator

(5) If, under the order of the Inspector General, the police service board, chief of police or
governing body of the prescribed policing provider continues to have the right to act with regard
to any matters, any such act is valid only if approved in writing by the administrator.

Right of access
(6) An administrator has the same rights as the police service board, chief of police,
governing body of the prescribed policing provider or the chief executive officer of the
prescribed policing provider, as the case may be, in respect of the documents, data and
information of the police service or prescribed policing provider.

Reports
(7) An administrator shall report to the Inspector General as required by the Inspector
General.

Directions
(8) The Inspector General may issue directions to an administrator with regard to any matter
within the jurisdiction of the administrator.

Directions to be followed
(9) An administrator shall carry out every direction issued under subsection (8).

Emergency, interim measure

128. (1) The Inspector General may impose a measure under section 126 without notice and
without an opportunity to respond if he or she is of the opinion that an emergency exists and that
an interim measure is necessary to ensure the provision of adequate and effective policing.
154

Restriction
(2) The Inspector General shall not remove a person from office, dissolve a board or
disband a police service by means of an interim measure.

Requirements in s. 126 apply

(3) All of the requirements in section 126, other than subsections 126 (2) and (3), apply to
the imposition of the interim measure.

Administrators
(4) Section 127 applies, with necessary modifications, to an administrator appointed by the
Inspector General under this section to administer a police service or prescribed policing
provider.

Limitation
(5) An interim measure may not be in force for longer than the prescribed period.

OFFENCES
Prohibition
129. (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or
intimidate, any other person in relation to a complaint made or investigation conducted under
this Part.

Same
(2) No person shall intentionally hinder or obstruct or attempt to hinder or obstruct an
inspector in the performance of his or her duties under this Part or furnish him or her with false
or misleading information.

Failure to provide information

(3) No person shall refuse to provide information to the Inspector General if required to do
so under this Act or the regulations.

False or misleading information

(4) No person shall intentionally submit false or misleading information to the Inspector
General.
 155

Offence
(5) An individual who contravenes subsection (1), (2), (3) or (4) is guilty of an offence and
on conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000, to an imprisonment for
a term of not more than one year, or to both; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to
an imprisonment for a term of not more than one year, or to both.

Same
(6) A person other than an individual that contravenes subsection (1), (2), (3) or (4) is guilty
of an offence and on conviction is liable to a fine of not more than $10,000.

PART VIII
LAW ENFORCEMENT COMPLAINTS AGENCY
Law Enforcement Complaints Agency
130. (1) The office of the Independent Police Review Director is continued under the name
“Law Enforcement Complaints Agency” in English and “Agence des plaintes contre les forces
de l’ordre” in French.

Composition
(2) The Law Enforcement Complaints Agency shall be headed by the Complaints Director
appointed under subsection 131 (1) and shall, in addition to the Director, consist of,

(a) any deputy Complaints Directors appointed under that subsection; and

(b) persons appointed as employees in the Agency in accordance with section 135.

Complaints Director
131. (1) The Lieutenant Governor in Council shall appoint a person as Complaints Director,
and may appoint one or more deputy Complaints Directors.

Restriction
(2) A person who is or was a person referred to in section 152 may not be appointed as
Complaints Director or a deputy Complaints Director.
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Term
(3) The Complaints Director shall hold office for a term of five years and may be
reappointed for one further term of five years.

Remuneration
(4) The Complaints Director and any deputy Complaints Directors shall be paid such
remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in
Council.

Delegation
(5) The Complaints Director may, in writing, delegate any of his or her powers or duties
under this Act to a deputy Complaints Director or an employee in the Law Enforcement
Complaints Agency, subject to such conditions or restrictions as the Director may set out in the
delegation.

Deputy Complaints Director

(6) A deputy Complaints Director shall act in the place of the Complaints Director if he or
she is absent or unable to act and, when so acting, may exercise all the powers and shall perform
all the duties of the Complaints Director.

Functions
132. (1) The Complaints Director,

(a) shall deal with public complaints made under Part X in accordance with that Part and
the regulations;

(b) shall implement programs and services to assist members of the public in making
complaints under Part X;

(c) shall publish statistical reports for the purpose of informing the evaluation,
management and improvement of policing in Ontario and the management of public
complaints under Part X; and

(d) shall perform the duties, and may exercise the powers, that are set out under this Act,
including any additional duties and powers that may be prescribed.
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Required training
(2) The Complaints Director or a deputy Complaints Director shall not exercise powers or
perform duties under this Act unless he or she has successfully completed,

(a) the training approved by the Minister with respect to human rights and systemic
racism;

(b) the training approved by the Minister that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples; and

(c) any other training prescribed by the Minister.

Minister’s directions
(3) The Minister shall not direct the Complaints Director, a deputy Complaints Director or
any investigator appointed by the Complaints Director with respect to the performance of their
functions under this Act.

Review of systemic issues

133. (1) The Complaints Director may examine and review issues of a systemic nature that,

(a) have been the subject of complaints or investigations under Part X respecting a person
referred to in section 152; or

(b) may contribute or are otherwise related to misconduct by a person referred to in

section 152.

Prior notice to Inspector General

(2) Before commencing a review under this section, the Complaints Director shall notify the
Inspector General.

Recommendations
(3) Following a review under subsection (1), the Complaints Director may,
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(a) make written recommendations to the Inspector General, the Minister, a chief of
police, a police service board or any other person or body; and

(b) require in writing that a person or body to whom recommendations are made under
clause (a) provide a written response, which must include a statement as to whether
the recommendations have been accepted and, if not, the reasons why.

Timing of response
(4) A response shall be provided under clause (3) (b) as soon as possible, but in no event
later than six months after notification of the requirement is given by the Complaints Director.

Report
(5) The Complaints Director shall issue a report of every review under subsection (1),
including any recommendations, and shall provide a copy of the report to the Inspector General.

Publication
(6) The report and every response provided under clause (3) (b) shall be published on the
Internet in accordance with the regulations made by the Minister, if any.

Notice to SIU Director

(7) If the Complaints Director determines that a matter being reviewed under this section
may constitute an incident that a designated authority would have a duty to report under section
16 of the Special Investigations Unit Act, 2019, the Complaints Director shall notify the SIU
Director.

Notice to Inspector General

(8) If the Complaints Director determines that a matter being reviewed under this section
may constitute criminal conduct and is not an incident that a designated authority would have a
duty to report under section 16 of the Special Investigations Unit Act, 2019, the Complaints
Director may notify the Inspector General.

Rules
134. (1) The Complaints Director may make procedural rules for anything related to his or
her powers and duties under this Act.
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Publication
(2) Rules made under subsection (1) shall be in writing and shall be published on the Law
Enforcement Complaints Agency’s website.

Not a regulation
(3) Part III of the Legislation Act, 2006 does not apply to rules made under subsection (1).

Employees
135. (1) Such employees as are considered necessary for the proper conduct of the Law
Enforcement Complaints Agency may be appointed under Part III of the Public Service of
Ontario Act, 2006.

Restriction
(2) A person referred to in section 152 may not be appointed as an employee for the
purposes of subsection (1).

Investigators
136. (1) The Complaints Director may appoint as investigators such employees in the Law
Enforcement Complaints Agency or other persons as he or she considers necessary to carry out
reviews under section 133 and investigations under Part X, and such appointments shall be in
writing.

Restriction
(2) A person referred to in section 152 may not be appointed as an investigator.

Restriction, requirements and qualifications

(3) A person may not be appointed as an investigator unless he or she meets the
requirements and qualifications prescribed by the Minister, if any.

Limit on certain persons

(4) The number or proportion of persons who were any of the persons referred to in section
152 and that are appointed as investigators or as a class of investigators prescribed by the
Minister shall not exceed any limits that may be prescribed by the Minister.

Required training
(5) An investigator appointed under this section shall not exercise any of his or her powers
or duties under this Act unless he or she has successfully completed,
160

(a) the training approved by the Minister with respect to human rights and systemic
racism;

(b) the training approved by the Minister that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples; and

(c) any other training prescribed by the Minister.

Certificate of appointment
(6) The Complaints Director shall issue to every investigator appointed under this section a
certificate of appointment.

Limitation on authority
(7) The Complaints Director may, in the investigator’s certificate of appointment, limit the
investigator’s authority in such manner as the Complaints Director considers necessary or
advisable.

Director as investigator
(8) The Complaints Director and every deputy Complaints Director is, by virtue of his or
her office, an investigator.

Identification
(9) Every investigator who exercises powers under this Act shall, on request, identify
himself or herself as an investigator, produce a copy of any certificate of appointment issued to
the investigator, and explain the purpose of the exercise of the powers.

Application of Public Inquiries Act, 2009

137. Section 33 of the Public Inquiries Act, 2009 applies to a review or investigation under
this Act by the Complaints Director or an investigator appointed under section 136.

Investigation powers, place owned or occupied by police, etc.

138. (1) If an investigator believes that to do so is necessary for the purposes of an
investigation under this Part, he or she may, at any reasonable time, enter and search a place that
 161

is owned or occupied by a police service board, or the Niagara Parks Commission, on notice to
the owner or occupier of the place.

Powers on entry
(2) An investigator conducting an investigation at a place referred to in subsection (1) may,

(a) require a person to produce or provide access to any record, thing, data or information
that relates to the investigation;

(b) search for, examine, copy or remove any record, thing, data or information that relates
to the investigation; and

(c) use any data storage, processing or retrieval device or system used at or available to
the place in order to produce, in readable form, any record, data or information that
relates to the investigation.

Expert help
(3) The investigator may be accompanied and assisted by persons who have special, expert
or professional knowledge.

Obligation to produce and assist

(4) If the investigator requires that a person produce or provide access to a record, thing,
data or information, the person shall do so in the manner and within the period specified by the
investigator and shall, if requested to do so, provide any assistance that is reasonably necessary
to permit the investigator to understand the record, thing, data or information.

Restriction on dwellings
(5) The investigator shall not enter, without the occupier’s consent, a room that is actually
used as a dwelling.

No force
(6) The investigator shall not use force to enter and search a place.

Order
(7) A justice of the peace or provincial judge may, on application by the investigator
without notice, issue an order authorizing an investigator to enter and search a place referred to
in subsection (1) and to exercise any of the powers set out in subsection (2), (3) or (4) if the
162

justice of the peace or provincial judge is satisfied on information under oath that there are
reasonable grounds to suspect that,

(a) the investigator has been prevented from exercising a right of entry to the place under
subsection (1) or has been prevented from exercising a power under subsection (2),
(3) or (4); or

(b) the investigator will likely be prevented from exercising a right of entry to the place
under subsection (1) or will likely be prevented from exercising a power under
subsection (2), (3) or (4).

Conditions
(8) The order may contain terms and conditions in addition to those provided for in
subsection (7) as the justice of the peace or provincial judge considers advisable in the
circumstances.

Expiry of order
(9) The order is valid for 30 days or for such shorter period as may be specified in it.

Further orders
(10) A justice of the peace or provincial judge may issue further orders under subsection (7).

Use of force
(11) The investigator named in the order may use whatever force is reasonably necessary to
execute the order and may call upon a police officer for assistance in executing the order.

Definition
(12) In this section and in section 139,

“place” includes a building, a receptacle and a vehicle.

Investigation powers, other places

139. (1) A justice of the peace or a provincial judge may, on application by an investigator
without notice, issue an order in relation to a place other than one to which section 138 applies
authorizing the investigator to enter the place for which the order is issued and exercise any of
the powers set out in the order in relation to a record, thing, data or information listed in the
order, if the justice of the peace or provincial judge is satisfied by information under oath that,
 163

(a) the investigation relates to the conduct of a person referred to in section 152;

(b) there are reasonable grounds to believe that the conduct constitutes misconduct;

(c) there are reasonable grounds to believe that there is in the place a record, thing, data
or information that relates to the investigation; and

(d) it is in the best interests of the administration of justice to issue the order having
regard to all relevant matters, including the nature of the place sought to be entered.

Powers on entry
(2) The order may authorize the investigator to exercise any or all of the powers set out in
subsection 138 (2).

Dwelling
(3) Despite subsection (1), the investigator shall not exercise the power under an order to
enter a place or part of a place used as a dwelling, unless the justice of the peace or provincial
judge is informed that the order is being sought to authorize entry into a dwelling and the order
authorizes the entry into the dwelling.

Expert help
(4) An order issued under subsection (1) may authorize persons who have special, expert or
professional knowledge to accompany and assist the investigator in the execution of the order.

Conditions
(5) The order may contain any additional terms and conditions that the justice of the peace
or provincial judge considers advisable in the circumstances.

Time of execution
(6) The order shall be executed between 6 a.m. and 9 p.m., unless it specifies otherwise.

Expiry of order
(7) The order is valid for 30 days or for such shorter period as may be specified in it.
164

Further orders
(8) A justice of the peace or provincial judge may issue further orders under subsection (1).

Use of force
(9) The investigator named in the order may use whatever force is reasonably necessary to
execute the order and may call upon a police officer for assistance in executing the order.

Records or things removed

140. (1) An investigator shall give a receipt to any person from whom a record or thing is
removed in the exercise of a power under section 138 or 139.

Detention of record or thing

(2) An investigator may, subject to subsection (3), detain any record or other thing removed
by him or her under section 138 or 139.

Requirement to return
(3) An investigator shall, within a reasonable time, return any record or other thing detained
by him or her under subsection (2) to the person from whom it was removed, if the investigator
is satisfied that it is no longer necessary to detain the record or thing for the purposes of the
investigation or any proceeding arising from the investigation.

Removal under order

(4) If an investigator removes a record or other thing under an order issued under subsection
139 (1), the investigator, or a person designated by him or her, shall, as soon as is reasonably
possible,

(a) bring the record or thing before a justice of the peace or provincial judge; or

(b) make a report of the removal of the record or thing to a justice of the peace or
provincial judge.

Same
(5) If the justice of the peace or provincial judge is satisfied that the record or thing should
be detained for the purposes of the investigation or proceeding arising from the investigation, he
or she shall order that the record or thing be detained in the care of the investigator or a person
designated by the investigator, or in the care of a person designated by the Complaints Director,
until the conclusion of the investigation and any such proceeding; otherwise, the justice of the
 165

peace or provincial judge shall order that the record or thing be returned to the person from
whom it was removed.

Order for examination, testing, etc.

(6) On the motion of a person having an interest in a record or thing detained under
subsection (2) or (5), on notice to the person from whom the record or thing was removed, the
investigator and any other person who has an apparent interest in the record or thing detained, a
justice of the peace or provincial judge may make an order for the examination, testing,
inspection or copying of the record or thing, and may specify in the order such conditions as are
reasonably necessary in the circumstances.

Order for release

(7) On the motion of a person having an interest in a record or thing detained under
subsection (2) or (5), on notice to the person from whom the record or thing was removed, the
investigator and any other person who has an apparent interest in the record or thing detained, a
justice of the peace or provincial judge may make an order for the release of the record or thing
to the person from whom it was removed, if it appears that the record or thing is no longer
necessary for the purposes of the investigation or any proceeding arising from the investigation.

Appeal of order by justice of the peace

(8) Subsection 159 (5) of the Provincial Offences Act applies, with necessary modifications,
to an order made under subsection (6) or (7) of this section.

Copy admissible
141. A copy of a record or other thing that purports to be certified by an investigator as
being a true copy of the original is, in the absence of proof to the contrary, admissible in
evidence to the same extent as the original and has the same evidentiary value.

Liaisons
Police service
142. (1) Every chief of police shall designate a senior officer within his or her police
service to serve as a liaison to the Complaints Director on behalf of the police service.

Niagara Parks Commission

(2) The Niagara Parks Commission shall designate from within its workplace a senior
representative to serve as a liaison to the Complaints Director on behalf of the Niagara Parks
Commission.
166

Legislative Protective Service

(3) The Speaker of the Assembly shall designate a senior representative of the Office of the
Assembly to serve as a liaison to the Complaints Director on behalf of the Legislative Protective
Service branch of the Office of the Assembly.

Collection, use and disclosure of personal information

Collection
143. (1) The Complaints Director may, in accordance with this section, collect prescribed
personal information for the purposes of clause 132 (1) (c).

Limits on collection
(2) The Complaints Director shall not collect personal information under this section if
other information will meet the purposes of clause 132 (1) (c), and shall not collect more
personal information under this section than is reasonably necessary to meet those purposes.

Manner of collection
(3) Personal information shall only be collected under this section directly from the
individual to whom the information relates, with the individual’s consent.

Same
(4) Despite subsection (3), if the regulations so provide, the Complaints Director may, in the
circumstances specified by the regulations, collect such prescribed personal information as the
regulations specify in a manner other than directly from the individual to whom the information
relates.

Notice of direct collection

(5) Before seeking an individual’s consent to collect personal information directly from the
individual to whom the information relates, the Complaints Director shall inform the individual
of,

(a) the authority for and purposes of the collection; and

(b) the title and contact information, including an email address, of an employee in the
Law Enforcement Complaints Agency who can answer the individual’s questions
about the collection.
 167

Notice of indirect collection

(6) If the regulations referred to in subsection (4) provide for the collection of personal
information in a manner other than directly from the individual to whom the information relates,
the Complaints Director shall, before collecting personal information in such a manner, ensure
that notice of the collection is published on the website of the Law Enforcement Complaints
Agency containing,

(a) a statement that the collection is authorized under subsection (1) and setting out the
purposes of the collection;

(b) the personal information and circumstances specified by the regulations referred to in
subsection (4) for the purposes of the collection; and

(c) the title and contact information, including an email address, of an employee in the
Law Enforcement Complaints Agency who can answer an individual’s questions
about the collection.

De-identification
(7) Subject to the regulations, the Complaints Director shall, if the practices and procedures
referred to in clause 5 (5) (b) have been put in place, provide the personal information collected
under this section to the unit prescribed by the Minister under paragraph 4 of subsection 261 (2)
for de-identification.

Limits on use
(8) The Complaints Director shall not use personal information collected under this section
unless it has been de-identified under subsection (7), and may only use de-identified personal
information for the purposes of clause 132 (1) (c).

Limit on access
(9) The Complaints Director shall limit access to the personal information collected under
this section to employees in the Law Enforcement Complaints Agency and investigators, for the
purposes of,

(a) de-identifying the personal information under subsection (7); or

(b) disclosing personal information under subsection (10).

168

Limits on disclosure
(10) The Complaints Director, an employee in the Law Enforcement Complaints Agency or
an investigator may disclose personal information collected under this section only if,

(a) the individual to whom the information relates has identified that information in
particular and consented to its disclosure;

(b) the disclosure is required by law, including as required under section 31 of the Human
Rights Code;

(c) subject to subsection (11), the disclosure is for the purpose of a proceeding or
contemplated proceeding, the information relates to or is a matter in issue in the
proceeding or contemplated proceeding, and,

(i) the Complaints Director is, or is expected to be, a party, or

(ii) any of the following is, or is expected to be, a witness:

(A) a current or former employee in the Law Enforcement Complaints

Agency,

(B) a current or former investigator appointed under section 136, or

(C) a former employee in or investigator with the office of the

Independent Police Review Director, before its continuance under
this Part; or

(d) the disclosure is to the Information and Privacy Commissioner.

Same
(11) The Complaints Director, an employee in the Law Enforcement Complaints Agency or
an investigator appointed under section 136 shall not disclose personal information under clause
(10) (c) of this section if other information will meet the purposes of the proceeding or
contemplated proceeding, and shall not disclose more personal information under that clause
than is reasonably necessary to meet those purposes.
 169

Other Acts
(12) In the event of a conflict, this section prevails over sections 38, 39, 41, 42 and 43 of the
Freedom of Information and Protection of Privacy Act, but the authority to collect, use and
disclose personal information under this section is subject to any limits on collection, use or
disclosure under any other law.

Rights of access and correction

(13) Nothing in this section limits the right of an individual under any Act to access and
correct personal information about the individual.

Non-application
(14) For greater certainty, this section does not apply with respect to personal information
lawfully collected by the Complaints Director for a purpose other than for the purposes of clause
132 (1) (c).

Annual report
144. (1) The Complaints Director shall prepare an annual report on the affairs of the Law
Enforcement Complaints Agency, provide it to the Minister and publish it on the Internet in
accordance with the regulations, if any.

Same
(2) The Complaints Director shall comply with such directives as may be issued by the
Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(c) when and how to make it available to the public in addition to publishing it as
required under subsection (1).

Same
(3) The Complaints Director shall include such additional content in the annual report as the
Minister may require.
170

Confidentiality
145. The Complaints Director and every deputy Complaints Director, employee in the Law
Enforcement Complaints Agency, investigator appointed under section 136 and person
exercising powers or performing duties at the direction of the Complaints Director shall preserve
secrecy in respect of all information obtained by him or her in the course of exercising a power
or performing a duty under this Act and shall not communicate any such information to any
person except,

(a) as may be required in connection with the administration of this Act or the
regulations;

(b) to his or her counsel;

(c) as may be required for law enforcement purposes;

(d) with the consent of the person, if any, to whom the information relates; or

(e) where disclosure is otherwise required by law.

Protection from personal liability

146. (1) No action or other proceeding may be instituted against the Complaints Director, a
deputy Complaints Director, an employee in the Law Enforcement Complaints Agency, an
investigator appointed under section 136 or a person exercising powers or performing duties at
the direction of the Complaints Director for any act done in good faith in the execution or
intended execution of the person’s duty or for any alleged neglect or default in the execution in
good faith of the person’s duty.

Crown not relieved of liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection
(1) of this section does not relieve the Crown of liability in respect of a tort committed by a
person mentioned in subsection (1) to which the Crown would otherwise be subject.
 171

PART IX
ONTARIO POLICE ARBITRATION AND ADJUDICATION COMMISSION
Composition of Arbitration and Adjudication Commission, etc.
147. (1) The commission known as the Ontario Police Arbitration Commission is continued
under the name of Ontario Police Arbitration and Adjudication Commission in English and the
name of Commission ontarienne d’arbitrage et de décision pour la police in French.

Composition
(2) The composition of the Arbitration and Adjudication Commission shall be as provided
in the regulations.

Employees
(3) Such employees as are considered necessary for the proper conduct of the affairs of the
Arbitration and Adjudication Commission may be appointed under Part III of the Public Service
of Ontario Act, 2006.

Responsibilities of Arbitration and Adjudication Commission

(4) The Arbitration and Adjudication Commission has the following responsibilities:

1. Maintaining a register or registers of arbitrators who are available for appointment to

conduct an arbitration under this Act.

2. Maintaining a roster of adjudicators who are available for appointment to hold

hearings under this Act.

3. Assisting arbitrators and adjudicators appointed by the Commission Chair by making

administrative arrangements in connection with arbitrations and adjudication hearings,
including setting dates for hearings.

4. Fixing the fees of arbitrators appointed by the Commission Chair under section 229.

5. Sponsoring the publication and distribution of information about agreements,

arbitrations and awards under this Act.

6. Maintaining records of agreements, decisions and awards made under Part XIII.
172

7. Any other prescribed responsibilities.

Committees
(5) The Arbitration and Adjudication Commission shall, in accordance with the regulations,
have,

(a) a committee to maintain a register or registers, as prescribed, of arbitrators for the

purpose of conducting arbitrations under this Act;

(b) a committee to maintain a roster, as prescribed, of adjudicators for the purpose of

conducting adjudication hearings under this Act; and

(c) such other committees as may be prescribed.

Composition of committee
(6) The committee described in clause (5) (a) must be composed of the Commission Chair
and an equal number of persons representing police associations and police service boards.

Same
(7) The Arbitration and Adjudication Commission’s committees shall have such
responsibilities as are specified in the regulations.

Forms
(8) The Arbitration and Adjudication Commission may approve forms for the purposes of
arbitrations and adjudication hearings under this Act and provide for or require their use.

Consultation before chair appointed

(9) No person shall be appointed as Commission Chair unless the Minister or his or her
delegate has first consulted with or attempted to consult with,

(a) bargaining agents that, in the opinion of the Minister or his or her delegate, are
reasonably representative of the bargaining agents that represent members of police
services;
 173

(b) employers or employers’ organizations that, in the opinion of the Minister or his or
her delegate, are reasonably representative of the employers of members of police
services; and

(c) any other entities that are prescribed.

Regulations
(10) The registers and the roster referred to in this section shall be established and
maintained in accordance with the regulations, if any.

Commission Chair
148. (1) The Commission Chair shall appoint adjudicators, arbitrators and conciliation
officers as required under this Act.

Publication of adjudication decisions

(2) The Commission Chair shall ensure that all of the decisions from adjudication hearings
under this Act are published on the Internet in accordance with the regulations made by the
Minister, if any.

Delegation
(3) The Commission Chair may, in writing, delegate any of his or her powers and duties
under this Act or the regulations to an employee described in subsection 147 (3), subject to any
limitations, conditions or requirements set out in the delegation.

Fees for adjudicators

149. The Minister may, by regulation, establish fees that may be charged in respect of
adjudicators holding adjudication hearings under this Act, may determine the methods and times
for payment of such fees, may determine by whom such fees may be charged and may
determine the classes of persons to whom the fees may be charged.

Costs of adjudication hearings

150. The Arbitration and Adjudication Commission may, in accordance with the regulations
made by the Minister, if any, charge a police service board that employs a police officer whose
conduct is the subject of an adjudication hearing under this Act for the cost of holding the
hearing.
174

PART X
PUBLIC COMPLAINTS
Interpretation
Definitions
151. (1) In this Part,

“complainant” means a person who makes a complaint under subsection 154 (1); (“plaignant”)

“designated authority” means,

(a) in relation to a police officer other than a police officer referred to in clause (b), (c) or
(d), the chief of police of the police service of which the police officer is a member,

(b) in relation to the Commissioner of the Ontario Provincial Police or deputy

Commissioner, the Minister,

(c) in relation to any other chief of police or deputy chief of police, the police service
board that maintains the police service of which the chief or deputy chief is a member,

(d) in relation to a police officer appointed under the Interprovincial Policing Act, 2009,
the appointing official or local commander who appointed the police officer under that
Act,

(e) in relation to a special constable employed by the Niagara Parks Commission, the
Niagara Parks Commission, and

(f) in relation to a peace officer in the Legislative Protective Service, the Speaker of the
Assembly; (“autorité désignée”)

“investigator” means an investigator under Part VIII; (“enquêteur”)

“peace officer in the Legislative Protective Service” means a person designated as a peace
officer for the purposes of section 103 of the Legislative Assembly Act. (“agent de la paix du
Service de protection de l’Assemblée législative”)
 175

Interpretation, portion of a complaint

(2) This Part applies to a portion of a complaint as if it were a complaint, unless the context
indicates otherwise.

Notice, etc. re special constables employed by Niagara Parks Commission

(3) A requirement under this Part to give a notice or other communication or document to
the designated authority of a special constable employed by the Niagara Parks Commission shall
be read as also requiring that the notice or other communication or document be given to the
police service board or, if applicable, the Commissioner that appointed the special constable
under section 92.

Application of Part
152. This Part applies with respect to the conduct of the following persons:

1. Police officers.

2. Special constables employed by the Niagara Parks Commission.

3. Peace officers in the Legislative Protective Service.

Determination of public interest in an investigation

153. For the purposes of a determination under this Part as to whether or not it is in the
public interest to cause an investigation into the conduct of a person referred to in section 152 to
be conducted or continued, the Complaints Director shall consider,

(a) whether the conduct has been or is currently the subject of an investigation under this
Act or a predecessor of this Act;

(b) whether the conduct could be more appropriately dealt with, in whole or in part, under
another Act or law or in another adequate forum;

(c) whether a decision to not conduct or continue an investigation would negatively

impact public confidence in policing; and

(d) whether an investigation is reasonably practicable, having regard to the information or

evidence available.
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PUBLIC COMPLAINTS
Public complaints
154. (1) Any person may make a complaint to the Complaints Director about the conduct of
a person referred to in section 152, subject to subsection (2).

Restriction
(2) A complaint may not be made under subsection (1) by,

(a) the Minister;

(b) the Inspector General, a deputy Inspector General or an inspector appointed under
section 111;

(c) a deputy Complaints Director, an employee in the Law Enforcement Complaints

Agency or an investigator;

(d) the SIU Director or an employee or investigator in the Special Investigations Unit;

(e) a member of a police service, in respect of another member of that police service;

(f) a special constable employed by the Niagara Parks Commission, in respect of another
special constable employed by the Niagara Parks Commission;

(g) the Niagara Parks Commission, in respect of a special constable employed by the
Niagara Parks Commission;

(h) a member or employee of a police service board, in respect of a member of a police

service maintained by the board;

(i) a person selected by the council of a municipality to advise another municipality’s

police service board under subsection 26 (2), in respect of a police officer who is a
member of a police service maintained by that board; or
 177

(j) any other person who may be prescribed.

Complainant on behalf of minor, incapable person

(3) A complaint may be made under subsection (1) on behalf of,

(a) a person who is a minor, by the person’s parent or guardian; and

(b) a person who is incapable as defined in the Substitute Decisions Act, 1992 and who is
not a minor, by his or her substitute decision-maker under that Act.

Complaint through agent

(4) A complainant may act through an agent in respect of a complaint made under this Part.

Same
(5) If a complainant acts through an agent, a requirement under this Part to give notice to the
complainant may be met by giving notice to the complainant’s agent.

Same, restricted persons

(6) For greater certainty, a person referred to in subsection (2) may not make a complaint by
acting through an agent under subsection (4).

Forwarding complaints to the Complaints Director

155. (1) If a person who may make a complaint under subsection 154 (1) to the Complaints
Director instead makes the complaint to any of the following persons, that person shall forward
the complaint to the Complaints Director, inform the person who made the complaint that the
complaint has been forwarded, and provide the person with information about the role of the
Complaints Director:

1. The Minister.

2. The Inspector General, a deputy Inspector General or an inspector appointed under

section 111.

3. The SIU Director or an employee or investigator in the Special Investigations Unit.

178

4. A chief of police.

5. A police service board or a member of a police service board.

6. An O.P.P. detachment board or a member of an O.P.P. detachment board.

7. A First Nation O.P.P. board or a member of a First Nation O.P.P. Board.

8. The Advisory Council or a member of the Advisory Council.

9. A special constable employer.

10. A prescribed entity.

11. A prescribed policing provider.

12. Any other person or entity prescribed by the Minister.

Same
(2) If a person who may make a complaint to the Complaints Director under subsection 154
(1) instead makes the complaint to a member of a police service other than a chief of police or to
a special constable who is not a member of a police service, the member of a police service or
special constable shall notify his or her chief of police or special constable employer of the
complaint, and subsection (1) of this section applies, with necessary modifications, as if the
complaint had been made to the chief of police or special constable employer.

Same
(3) The complaint of a person that is forwarded to the Complaints Director under this
section is deemed for the purposes of this Part to have been made by the person directly to the
Complaints Director.

Complaints from another province or territory

156. (1) If the Minister, a chief of police or a police service board receives a report from a
person or body responsible for reviewing complaints about police officers in another province or
territory about a complaint made against an Ontario police officer appointed to act as a police
 179

officer in that province or territory, the Minister, chief or board shall give the report to the
Complaints Director.

Same
(2) A report described in subsection (1), whether received in accordance with that
subsection or directly from the person or body that prepared the report, is, on its receipt, deemed
to be a complaint made to the Complaints Director under this Part and, for the purpose, the
person or entity that brought the complaint in the other province or territory and the person or
body that prepared the report are deemed to be complainants.

Review of complaints
157. (1) The Complaints Director shall review every complaint made to the Complaints
Director and determine whether the complaint is about the conduct of a person referred to in
section 152.

If complaint re conduct
(2) If the Complaints Director determines that a complaint is about the conduct of a person
referred to in section 152, the Complaints Director shall, subject to section 158, cause the
complaint to be investigated and shall give notice of the investigation and of the substance of the
complaint to the person who is the subject of the complaint and to any applicable designated
authority.

Notice, exception
(3) The Complaints Director is not required to provide notice under subsection (2) to the
person who is the subject of the complaint if, in the Complaints Director’s opinion, doing so
may prejudice the investigation.

If complaint falls outside mandate

(4) If the Complaints Director determines that a complaint is not about the conduct of a
person referred to in section 152, the Complaints Director shall, subject to section 108, refuse to
deal with the matter and promptly give notice of the refusal, with reasons, to the complainant,
the person or entity that is the subject of the complaint and any applicable designated authority.

Refusal to investigate
158. (1) The Complaints Director may refuse to cause a complaint to be investigated if,

(a) the facts on which the complaint is based occurred more than six months before the
complaint is made;
180

(b) the complainant was not affected by the conduct of the person who is the subject of
the complaint, as determined under subsection (3);

(c) the complaint alleges conduct that does not, on its face, constitute misconduct; or

(d) in the Complaints Director’s opinion,

(i) the complaint is frivolous, vexatious or made in bad faith, or

(ii) having regard to all the circumstances, dealing with the complaint is not in the
public interest.

Six-month period
(2) For the purposes of clause (1) (a), the Complaints Director shall consider,

(a) whether the complainant is a minor or under a disability within the meaning of the
Accessibility for Ontarians with Disabilities Act, 2005, or is a complainant referred to
in subsection 154 (3) acting on behalf of a minor or incapable person;

(b) whether the complainant is or was subject to a criminal investigation or proceeding in

respect of the events underlying the complaint; and

(c) whether, having regard to all the circumstances, it is in the public interest for the
complaint to be investigated.

Persons affected by conduct

(3) For the purposes of clause (1) (b), only the following persons shall be considered to have
been affected by the conduct:

1. A person at whom the conduct was directed.

2. A person who saw or heard the conduct or its effects as a result of being physically
present at the time and place that the conduct or its effects occurred.
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3. A person who,

i. was in a personal relationship with a person described in paragraph 1 at the

time that the conduct occurred, and

ii. suffered loss, damage, distress, danger or inconvenience as a result of the

conduct.

Same
(4) In the case of a complainant referred to in subsection 154 (3) who is acting on behalf of
a minor or incapable person, a determination under clause (1) (b) of this section shall be made in
respect of the minor or incapable person rather than in respect of the complainant.

Notice
(5) If the Complaints Director refuses to investigate a complaint in accordance with this
section, he or she shall give notice of the refusal, with reasons, and of the substance of the
complaint to,

(a) the complainant;

(b) the person who is the subject of the complaint; and

(c) the applicable designated authority.

Investigation of complaints
159. (1) If the Complaints Director decides to cause a complaint to be investigated, the
Complaints Director shall,

(a) in the case of a complaint about the conduct of a police officer, other than a chief of
police or deputy chief of police, direct the officer’s chief of police or the chief of
police of an unrelated police service to conduct the investigation;

(b) in the case of a complaint about the conduct of a special constable employed by the
Niagara Parks Commission, direct a chief of police to conduct the investigation; or
182

(c) in any other case, retain the complaint and cause it to be investigated by an
investigator.

Exception, retention of complaint

(2) Despite clauses (1) (a) and (b), the Complaints Director may instead retain the complaint
and cause it to be investigated by an investigator if, in his or her opinion, it is in the public
interest to do so.

Exception, direction to chief of police

(3) Despite clause (1) (c), the Complaints Director may instead direct a chief of police to
conduct the investigation, if, in the Complaints Director’s opinion, it is necessary for the
purposes of the investigation to obtain access to information that cannot be obtained through the
use of the investigation powers under Part VIII.

Same
(4) The Complaints Director shall make a direction under subsection (3) with respect to a
complaint about the conduct of a police officer to the chief of police of an unrelated police
service, unless, in the Complaints Director’s opinion, it is necessary for the purposes of the
investigation to obtain access to information that cannot be obtained using the investigation
powers of an unrelated police service.

Specific requirements
(5) In directing a chief of police to conduct an investigation, the Complaints Director may
direct the chief of police to deal with the complaint as the Complaints Director specifies.

Duty to investigate
(6) A chief of police who receives a direction under this section shall promptly cause the
complaint to be investigated, in accordance with any requirements specified by the Complaints
Director under subsection (5).

Intervention by Complaints Director

(7) At any time after the Complaints Director directs a chief of police to conduct an
investigation of a complaint and before its conclusion, the Complaints Director may,

(a) direct the chief of police to deal with the complaint as the Complaints Director
specifies;
 183

(b) direct the investigation of the complaint by a different chief of police, subject to
subsection (4); or

(c) cause the complaint to be investigated by an investigator instead.

Withdrawal of complaint
160. (1) Subject to subsection (2), a complainant may withdraw his or her complaint on
notice to the Complaints Director.

Discontinuance
(2) If a complaint is withdrawn before the conclusion of any investigation into it, the
Complaints Director shall cease to deal with the complaint, including causing any investigation
into the complaint to be discontinued.

Continuance despite withdrawal

(3) Despite subsection (2), the Complaints Director may continue to deal with a complaint
or continue its investigation despite its withdrawal if, in his or her opinion, it is in the public
interest to do so.

Withdrawal following conclusion of investigation

(4) If a complaint is withdrawn after the conclusion of any investigation into it, this Part
continues to apply despite the withdrawal, and, in the event of a determination under section 168
that the conduct of the person who was the subject of the investigation constitutes misconduct,
any disciplinary or other measures required by that section to be imposed or taken under this Act
or under another authority may be imposed or taken in respect of the person.

Notice
(5) The Complaints Director shall give notice of the withdrawal of a complaint under
subsection (1) and, if applicable, notice of a decision to continue to deal with or investigate it
despite its withdrawal under subsection (3), with reasons, to,

(a) the complainant;

(b) the person who is the subject of the complaint; and

(c) the applicable designated authority.

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Exception
(6) The Complaints Director is not required to give any notice under subsection (5) of a
decision to continue to deal with or investigate a withdrawn complaint to the person who is the
subject of the complaint if, in the Complaints Director’s opinion, doing so may prejudice any
such investigation.

No further notice to complainant

(7) Despite anything to the contrary under this Part, a complainant who withdraws a
complaint is not entitled to any further notice or other communication respecting the withdrawn
complaint, other than notice under subsection (5).

POWER TO INVESTIGATE ABSENT A COMPLAINT

Investigation in absence of complaint
161. (1) If conduct that may constitute misconduct by a person referred to in section 152
comes to the attention of the Complaints Director as a result of a complaint made under this Part
but is not the subject of the complaint, or if such conduct otherwise comes to the Complaints
Director’s attention, the Complaints Director may, in the absence of a complaint under this Part,
cause an investigation to be conducted into the conduct by an investigator if, in the Complaints
Director’s opinion, it is in the public interest to do so.

Same
(2) Subsection (1) includes conduct that comes to the attention of the Complaints Director
by way of notice given by,

(a) the SIU Director under section 35.1 of the Special Investigations Unit Act, 2019;

(b) the Inspector General under clause 120 (2) (b) or 189 (2) (a) of this Act; or

(c) a chief of police, a police service board or the Minister under section 197 of this Act.

Direction to chief of police

(3) The Complaints Director may direct a chief of police to conduct an investigation under
subsection (1) if, in the Complaints Director’s opinion, it is necessary for the purposes of the
investigation to obtain access to information that cannot be obtained through the use of the
investigation powers under Part VIII, and, for the purpose of an investigation directed under this
subsection, subsections 159 (4) to (7) apply with necessary modifications.
 185

Limitation
(4) This section does not apply with respect to conduct that occurred before the day this
section came into force, unless the conduct is part of a series of acts or omissions that continues
on or after that day.

Notices
Notice of decision
162. (1) In the case of conduct that comes to the attention of the Complaints Director by
way of notice given by the Inspector General under clause 120 (2) (b) or 189 (2) (a) or by a chief
of police, a police service board or the Minister under section 197, the Complaints Director shall
inform the Inspector General, chief of police, police service board or Minister whether or not the
Complaints Director will cause an investigation to be conducted into the conduct under section
161 and, if an investigation is not to be conducted, provide reasons for the decision.

Notice of investigation
(2) If the Complaints Director decides to cause an investigation to be conducted under
section 161, the Complaints Director shall give notice of the decision, with reasons, and of the
conduct to be investigated, to the person who is the subject of the investigation and to the
applicable designated authority.

Exception
(3) The Complaints Director is not required to give notice under subsection (2) to the person
who is the subject of the investigation if, in the Complaints Director’s opinion, doing so may
prejudice the investigation.

Notice of direction to chief of police

(4) The Complaints Director shall, in giving notice under subsection (1) or (2) that an
investigation will be conducted, indicate whether the Complaints Director has directed a chief of
police to conduct the investigation.

INVESTIGATIONS
Postponement due to criminal investigation or proceeding
163. (1) Subject to subsections (2) and (3), if a matter that is or may be the subject of an
investigation under this Part is or becomes the subject of an investigation of an offence under a
law of Canada, a province or a territory, or the prosecution of such an offence, the Complaints
Director may postpone the commencement of the investigation under this Part, or suspend it, for
as long as is necessary in the Complaints Director’s opinion to avoid interfering with the
investigation or prosecution.
186

Same, if Crown Attorney, prosecutor consulted re criminal investigation

(2) If a matter that is or may be the subject of an investigation under this Part is or becomes
the subject of an investigation of an offence referred to in subsection (1) and a Crown Attorney
or prosecutor has been consulted, the Complaints Director shall, if advised by the Crown
Attorney or prosecutor to do so, postpone the commencement of the investigation under this
Part, or suspend it, for as long as is necessary in the Crown Attorney or prosecutor’s opinion to
avoid interfering with the investigation.

Same, if Crown Attorney, prosecutor advises re prosecution

(3) If a matter that is or may be the subject of an investigation under this Part is or becomes
the subject of the prosecution of an offence referred to in subsection (1), the Complaints
Director shall, if advised by a Crown Attorney or prosecutor to do so, postpone the
commencement of the investigation under this Part, or suspend it, for as long as is necessary in
the Crown Attorney’s or prosecutor’s opinion to avoid interfering with the prosecution.

Other stays
(4) This section applies in addition to the requirement in subsection 173 (3) to stay an
investigation or review of a complaint if the subject matter of the complaint or investigation is
the subject of an investigation by the SIU Director.

Discontinuance of investigation
164. (1) The Complaints Director may cause an investigation to be discontinued if he or she
determines that, having regard to all the circumstances, continuing the investigation is not in the
public interest.

Notice
(2) If the Complaints Director decides to cause an investigation to be discontinued, he or she
shall give notice of the decision, with reasons, to,

(a) the complainant, if any;

(b) the person who is the subject of the investigation;

(c) the applicable designated authority; and

(d) if the investigation is being conducted by a chief of police who is not the applicable
designated authority, the chief of police.
 187

Investigation timing
165. (1) In conducting an investigation under this Part, the Complaints Director or chief of
police, as the case may be, shall endeavour to ensure that the investigation is concluded within
120 days of its commencement, not including any period during which an investigation is
postponed or suspended under section 163 or stayed under subsection 173 (3).

Status report
(2) If the timing requirements of subsection (1) are not met in respect of an investigation,
the Complaints Director or chief of police shall, subject to subsection (3), give notice of the
status of the investigation every 30 days following the expiry of the 120-day period until the
investigation is concluded to,

(a) the complainant, if any;

(b) the person who is the subject of the investigation;

(c) the applicable designated authority, unless he or she is conducting the investigation;
and

(d) the Complaints Director, if the investigation is being conducted by a chief of police.

Same, exception
(3) A requirement under subsection (2) to give notice does not apply if, in the opinion of the
Complaints Director or chief of police, giving the notice may prejudice the investigation.

Investigation report
166. (1) On concluding an investigation, the Complaints Director or chief of police shall
cause the investigation to be reported on in a written report, which shall, if the regulations made
by the Minister so provide, contain the information prescribed by the Minister.

Non-application
(2) Subsection (1) does not apply to an investigation that is discontinued under section 160
or 164.

Chief’s report to be given to Complaints Director

(3) A chief of police who writes a report under subsection (1) shall promptly give a copy of
it to the Complaints Director.
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Report copies to be given to others

(4) Subject to subsection (5), the Complaints Director or chief of police shall give a copy of
the report to,

(a) the complainant, if any;

(b) the person who was the subject of the investigation; and

(c) the applicable designated authority, unless he or she conducted the investigation.

Delay
(5) Subsection (4) does not apply until the Complaints Director determines that compliance
with that subsection will not interfere with a criminal investigation or proceeding.

Same
(6) If the Complaints Director has been advised by a Crown Attorney that compliance with
subsection (4) may, in the Crown Attorney’s opinion, interfere with a criminal investigation or
proceeding, subsection (4) does not apply until the Crown Attorney advises otherwise.

Determination of no misconduct
167. (1) If, after considering the report on the investigation, the Complaints Director or
chief of police, as the case may be, does not have reasonable grounds to believe that the conduct
of the person who was the subject of the investigation constitutes misconduct, he or she shall
give written notice of the determination, with reasons, to,

(a) the complainant, if any;

(b) the person who was the subject of the investigation;

(c) the applicable designated authority, unless he or she conducted the investigation; and

(d) the Complaints Director, if the investigation was conducted by a chief of police.
 189

Publication of summary
(2) The Complaints Director shall publish a de-identified summary of each determination
made under this section on the Internet in accordance with the regulations made by the Minister,
if any.

Complainant may require review if investigation by chief of police

(3) In the case of an investigation conducted by a chief of police, the complainant may, no
later than 30 days after notice of the determination is given to the complainant, apply to the
Complaints Director for a review of the determination.

Review by Complaints Director

(4) On receiving an application under subsection (3), the Complaints Director shall review
the determination, taking into account any material provided by the complainant or the chief of
police, and shall endeavour to ensure to complete the review no later than 30 days after the
application is made.

Powers on review
(5) On completion of the review, the Complaints Director may,

(a) confirm the determination;

(b) direct the chief of police who conducted the investigation to conduct a new
investigation as the Complaints Director specifies;

(c) direct the investigation of the matter by a different chief of police;

(d) cause the matter to be investigated by an investigator; or

(e) take or require to be taken any other action with respect to the matter that the
Complaints Director considers necessary in the circumstances, subject to the
regulations, if any.

Notice
(6) The Complaints Director shall give written notice of his or her decision and of the action
taken by him or her under subsection (5) to the complainant, to the person who was the subject
of the investigation, to the chief of police who conducted the investigation and, if applicable, to
the chief of police referred to in clause (5) (c).
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Determination of misconduct
168. (1) If, after considering the report on the investigation, the Complaints Director or
chief of police, as the case may be, has reasonable grounds to believe that the conduct of the
person who was the subject of the investigation constitutes misconduct, he or she shall give
written notice of the determination, with reasons, to,

(a) the complainant, if any;

(b) the person who was the subject of the investigation;

(c) the applicable designated authority, unless he or she conducted the investigation; and

(d) the Complaints Director, if the investigation was conducted by a chief of police.

Discipline
(2) On receipt of the notice of the determination, the designated authority shall,

(a) determine whether disciplinary measures should be imposed and, if so, impose the
appropriate disciplinary measures; and

(b) give written notice of the determination under clause (a) and of any disciplinary
measures that were or are to be imposed to the complainant, if any, and the
Complaints Director.

Same, special constables

(3) In the case of a special constable employed by the Niagara Parks Commission, the police
service board or, if applicable, the Commissioner that appointed the special constable under
section 92 shall, on receipt of the notice of the determination in accordance with subsection 151
(3), also take any other measures the board or Commissioner considers appropriate and give
written notice of any such measures to the complainant, if any, and the Complaints Director.

Where hearing required

(4) If the Complaints Director gives notice of a determination of misconduct in respect of a
police officer and believes that demotion or termination would be the appropriate disciplinary
measure in relation to the misconduct, the Complaints Director may direct the designated
authority to apply under section 202 for a hearing of the matter by an adjudicator.
 191

Exception, referral to extra-provincial complaints body

(5) Despite subsection (1), in the case of a police officer appointed under the Interprovincial
Policing Act, 2009, the Complaints Director shall instead refer the matter, together with a copy
of the report on the investigation and any other information related to the investigation that he or
she considers appropriate, to the person or body that is responsible for complaints made against
the police officer in the province or territory where he or she was employed as a police officer at
the time of his or her appointment under that Act.

Notice
(6) The Complaints Director shall give notice of a referral under subsection (5) to the
complainant, if any, the police officer, the applicable designated authority and the Minister.

Same
(7) In giving notice to the Minister under subsection (6), the Complaints Director shall
include a copy of the report on the investigation.

OTHER MATTERS
Informal resolution
169. (1) At any time during an investigation under this Part, the designated authority of the
person who is the subject of the investigation may attempt to resolve the matter informally.

Consent required
(2) Any resolution under subsection (1) is subject to the written consent of the complainant,
if any, of the person who is the subject of the investigation and of the Complaints Director.

Revocation of consent
(3) The complainant or person who is the subject of the investigation may revoke a consent
given for the purposes of subsection (2) by giving written notice of the revocation to the
designated authority and to the Complaints Director no later than 12 business days after the day
on which the consent was given.

Inadmissibility of statements
(4) No statement made during an attempt at informal resolution under this section is
admissible in a civil proceeding, including in a hearing before an adjudicator under section 201
or 202, except with the consent of the person who made the statement.
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Non-application
(5) This section does not apply in the case of a police officer appointed under the
Interprovincial Policing Act, 2009.

Effect of resignation on complaint, investigation

170. (1) If a person who is the subject of a complaint or investigation under this Part
resigns before a report respecting an investigation into the person’s conduct is given to the
person’s designated authority under clause 166 (4) (c), no further action shall be taken under this
Part after the date of resignation.

Notice
(2) The person’s designated authority shall promptly give written notice of the person’s
resignation to,

(a) the complainant, if any;

(b) the Complaints Director; and

(c) if the person is the subject of an investigation conducted by a chief of police who is
not the person’s designated authority, that chief of police.

Exception
(3) Despite subsection (1), if, within five years of the date of resignation, the person who
resigned is employed as a person referred to in section 152, the Complaints Director may
continue to deal with the complaint or cause the investigation to be resumed, as the case may be,
in accordance with the regulations, if any.

Exception, officers appointed under Interprovincial Policing Act, 2009

(4) This section does not apply to a police officer appointed under the Interprovincial
Policing Act, 2009.

Termination of officers appointed under Interprovincial Policing Act, 2009

171. This Part applies to a police officer appointed under the Interprovincial Policing Act,
2009 even after his or her appointment under that Act is terminated.
 193

Costs of investigations
By investigator
172. (1) The cost of an investigation conducted by an investigator about the conduct of a
police officer, other than a police officer who is a member of the Ontario Provincial Police, or a
special constable employed by the Niagara Parks Commission shall be paid by the police service
board that employs the police officer or the Niagara Parks Commission, as the case may be,
except in such circumstances as may be prescribed by the Minister.

By chief of police other than Commissioner

(2) In the case of an investigation conducted by a chief of police, other than the
Commissioner, about the conduct of a police officer in a different police service or a special
constable employed by the Niagara Parks Commission, the chief of police may require that the
cost of the investigation, as certified by the chief of police, be paid to the chief of police’s police
service board by,

(a) the police service board that employs the police officer or the Niagara Parks
Commission, as the case may be; or

(b) in the case of an investigation about the conduct of a police officer who is a member
of the Ontario Provincial Police, the Minister.

Debt due
(3) An amount owed to a police service board under subsection (2), if not collected by other
means, may be recovered by a court action as a debt due to the police service board.

Dispute
(4) A debtor may dispute the amount claimed in a court action commenced under subsection
(3), and the court shall determine the issue and make such order as it considers appropriate in the
circumstances.

By Commissioner
(5) Section 65 applies to the cost of an investigation conducted by the Commissioner under
this Part.

Special Investigations Unit

Notice by Director
173. (1) If, on reviewing a complaint or at any time during an investigation under this Part,
the Complaints Director determines that the subject matter of the complaint or investigation may
194

constitute a matter that may be investigated by the SIU Director under the Special Investigations
Unit Act, 2019, the Complaints Director shall notify the SIU Director and shall give notice of the
fact to,

(a) the complainant, if any;

(b) the person who is the subject of the complaint or investigation; and

(c) the applicable designated authority.

Exception
(2) A requirement to give notice under clause (1) (a), (b) or (c) does not apply if, in the
Complaints Director’s opinion, giving the notice may prejudice an investigation under this Part
or under the Special Investigations Unit Act, 2019.

Stay of investigation under this Part

(3) Subject to subsection (6), if the Complaints Director notifies the SIU Director under
subsection (1), or otherwise becomes aware that the subject matter of a complaint or
investigation under this Part is the subject of an investigation by the SIU Director, the
Complaints Director shall cause no further steps to be taken under this Part with respect to the
complaint or investigation until the occurrence of one of the following:

1. A determination by the SIU Director that the SIU Director shall not investigate the
matter.

2. If the matter is investigated by the SIU Director and does not result in the laying of
charges against the person who is the subject of the complaint or investigation under
this Part, the conclusion of the SIU Director’s investigation.

3. If charges are laid against the person who is the subject of the complaint or
investigation under this Part as a result of an investigation by the SIU Director into
the matter, the final disposition of the charges.

Access to Agency files

(4) The Complaints Director shall, on the request of the SIU Director, make the files of the
Law Enforcement Complaints Agency respecting a complaint or investigation under this Part
available to the SIU Director, other than any document, information or other thing that the SIU
 195

Director would not be entitled to obtain or have access to under the Special Investigations Unit
Act, 2019.

Notice to individual not required

(5) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not
apply to subsection (4) of this section.

Continuance with SIU Director consent

(6) The Complaints Director may, subject to the consent of the SIU Director, continue to
deal with a complaint or continue its investigation under this Part in the circumstances described
in subsection (3), subject to any conditions or restrictions that the SIU Director may specify.

Limit on access to Agency files

(7) If a complaint or investigation continues under subsection (6), subsection (4) ceases to
apply and the Complaints Director shall not make the files available to the SIU Director.

Notice to Inspector General

174. (1) The Complaints Director shall notify the Inspector General of any matter referred
to in subsection 106 (1) or 107 (1) that is raised in a complaint or during an investigation under
this Part.

Same
(2) If, on reviewing a complaint or at any time during an investigation under this Part, the
Complaints Director determines that the conduct of the person who is the subject of the
complaint or investigation may constitute criminal conduct that may not be investigated by the
SIU Director under the Special Investigations Unit Act, 2019, the Complaints Director may
notify the Inspector General of the conduct.

Duty of chief of police to notify Complaints Director

175. For the purposes of sections 173 and 174, if a chief of police determines that the
subject matter of an investigation conducted by the chief of police may constitute a matter that
may be investigated by the SIU Director under the Special Investigations Unit Act, 2019 or a
matter referred to in subsection 106 (1) or 107 (1), the chief of police shall promptly notify the
Complaints Director.

Notice to extra-provincial commander

176. An appointing official or local commander who receives a notice and any related
information from the Complaints Director under this Part respecting a police officer appointed
196

under the Interprovincial Policing Act, 2009 shall promptly forward a copy of the notice and any
documentation to the police officer’s extra-provincial commander.

Public statements by Complaints Director

177. The Complaints Director may issue public statements respecting an ongoing
investigation under this Part, if,

(a) the statement is aimed at preserving public confidence; and

(b) the benefit of preserving public confidence clearly outweighs any detriment to the
integrity of the investigation.

Duty to comply
178. (1) The following persons shall, immediately or as otherwise specified under this Part,
comply with a reasonable direction or request received from a person conducting an
investigation under this Part, unless it is unlawful or impracticable to do so:

1. A person referred to in section 152.

2. A designated authority.

3. Any person over whom a designated authority has authority, including any
employees.

4. Any other person who may be prescribed.

Notification
(2) The Complaints Director shall immediately advise a person referred to in section 152
and his or her designated authority respecting a failure of the person to comply with subsection
(1) of this section and, in doing so, shall inform each of them of the penalty to which a person is
liable under section 180 on conviction of a failure to comply.

Prohibitions
179. (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or
intimidate, any other person in relation to a complaint made or investigation conducted under
this Part.
 197

Same
(2) No person shall intentionally hinder or obstruct, or attempt to hinder or obstruct, a
person conducting an investigation under this Part in the performance of his or her duties under
this Part, or furnish him or her with false information.

Offences and penalty

180. (1) An individual who fails to comply with subsection 178 (1), or who contravenes
subsection 179 (1) or (2), is guilty of an offence and on conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000, to imprisonment for a
term of not more than one year, or to both; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to
imprisonment for a term of not more than one year, or to both.

Same
(2) A person other than an individual that fails to comply with subsection 178 (1), or that
contravenes subsection 179 (1) or (2), is guilty of an offence and on conviction is liable to a fine
of not more than $10,000.

Protection from giving testimony

181. (1) The Complaints Director, a deputy Complaints Director, an employee in the Law
Enforcement Complaints Agency, a person who conducts an investigation under this Part or a
person exercising powers or performing duties at the direction of the Complaints Director shall
not be required to give testimony in a civil proceeding, other than a proceeding under Part XII
with respect to information obtained by him or her in the course of exercising a power or
performing a duty under this Act.

Inadmissibility of documents
(2) A document prepared under this Act by the Complaints Director, a deputy Complaints
Director, an employee in the Law Enforcement Complaints Agency, a person who conducts an
investigation under this Part or a person exercising powers or performing duties at the direction
of the Complaints Director is not admissible in a civil proceeding, other than a proceeding or a
judicial review of a decision made under Part XII.
198

PART XI
RIGHT TO REPORT MISCONDUCT
APPLICATION
Disclosure despite conflict with other Acts
182. (1) Subject to subsection (2), a right under this Part to make a disclosure prevails over
anything provided under any other Act, or otherwise at law, that prohibits the disclosure.

Restriction on disclosure
(2) Nothing in this Part authorizes a disclosure of anything that would be inadmissible in a
court by reason of any privilege under the law of evidence.

Same
(3) Nothing in this Part shall be interpreted to limit any right that a person to whom this Part
applies may have under any other Act, or otherwise at law, to disclose information about
misconduct.

DISCLOSURE PROCEDURES
Disclosure procedures
Chief of police
183. (1) Every chief of police shall establish written procedures regarding the disclosure of
misconduct that is alleged to have been engaged in by members of its police service, other than
by the chief of police or deputy chief of police.

Police service board

(2) Every police service board shall establish written procedures regarding the disclosure of
misconduct that is alleged to have been engaged in by the chief of police or deputy chief of
police of the police service.

Minister
(3) The Minister shall establish written procedures regarding the disclosure of misconduct
that is alleged to have been engaged in by the Commissioner or a deputy Commissioner.

Special constable employers

(4) Every special constable employer shall establish written procedures regarding the
disclosure of misconduct that is alleged to have been engaged in by a special constable
employed by the employer.
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Contents of procedures
(5) Without limiting the generality of subsections (1), (2), (3) and (4), the procedures under
those subsections shall,

(a) address how a member or former member of the police service, or an employee or
former employee of the special constable employer, may make disclosures of
misconduct, including giving directions as to the persons to whom disclosures may be
made;

(b) establish procedures to protect the identities of persons involved in the disclosure
process, including persons who make disclosures, witnesses and persons alleged to be
responsible for misconduct; and

(c) provide for exceptions to be made to procedures described in clause (b) where the
interests of fairness require that a person’s identity be disclosed to one or more
persons.

Members of police service to be informed

(6) Every chief of police shall ensure that members of the police service are familiar with
the procedures referred to in subsection (1), (2) or (3), as applicable, and the protections from
reprisals for disclosing misconduct.

Employees of special constable employer to be informed

(7) Every special constable employer shall ensure that his or her employees are familiar
with the procedures referred to in subsection (4) and the protections from reprisals for disclosing
misconduct.

Reporting of misconduct
184. (1) If a member or former member of a police service has reason to believe that
another member of the police service has engaged in conduct that constitutes misconduct, he or
she may disclose the misconduct in accordance with the applicable procedure established under
subsection 183 (1), (2) or (3).

Special constable
(2) If a special constable employed by, or formerly employed by, a special constable
employer has reason to believe that another special constable employed by the special constable
employer has engaged in conduct that constitutes misconduct, he or she may disclose the
misconduct in accordance with the applicable procedure established under subsection 183 (4).
200

DISCLOSURE TO THE INSPECTOR GENERAL

Disclosure to Inspector General
185. A member of a police service or a special constable employed by a special constable
employer may disclose misconduct to the Inspector General if,

(a) the member or special constable has reason to believe that it would not be appropriate
to disclose the misconduct in accordance with the procedures established under
section 183;

(b) the member or special constable has already disclosed the misconduct in accordance
with the procedures established under section 183 and has concerns that the matter is
not being dealt with appropriately; or

(c) the applicable procedure has not been established under section 183.

Disclosure to SIU Director

186. If the Inspector General receives a disclosure of misconduct that contains an allegation
of an incident that a designated authority would have a duty to report under section 16 of the
Special Investigations Unit Act, 2019, the Inspector General shall notify the SIU Director of the
allegation unless the Inspector General believes that the SIU Director has already been notified.

Initial assessment by Inspector General

187. (1) The Inspector General shall refuse to deal with a disclosure of misconduct, or a
portion of it, under section 185 if one or more of the following circumstances apply:

1. The subject matter of the disclosure is being dealt with by another person or body as a
matter of law enforcement or in accordance with a procedure established under this or
any other Act.

2. The subject matter of the disclosure is an employment or labour relations matter that
could be dealt with through a dispute resolution mechanism, including a grievance
procedure, established under this or any other Act, under a collective agreement or
under an agreement of another kind.

3. The disclosure is frivolous, vexatious or made in bad faith.

 201

4. There has been a substantial delay between the disclosure and the incidents that are
the subject matter of the disclosure.

5. Any other prescribed circumstances exist.

6. There is a valid reason, other than a circumstance described in paragraphs 1 to 5, for

not dealing with the disclosure.

Inform discloser
(2) If the Inspector General refuses to deal with a disclosure of misconduct, or a portion of
it, he or she shall so inform the person who made the disclosure and may provide reasons for the
refusal.

Allegation of criminal conduct

188. If the Inspector General receives a disclosure of misconduct under section 185 and
does not refuse to deal with it under section 187, or if the Complaints Director provides the
Inspector General with notice of potential criminal conduct, the Inspector General shall refer the
matter to an unrelated police service if he or she reasonably believes that,

(a) the alleged events may constitute a criminal offence; and

(b) the matter has not already been investigated by an unrelated police service or the
Special Investigations Unit.

Dealing with disclosure of misconduct

189. (1) This section applies where the Inspector General receives a disclosure of
misconduct under section 185 and does not refuse to deal with the disclosure under section 187,
even if a referral has been made under section 188.

Same
(2) The Inspector General shall,

(a) if the misconduct is alleged to have been committed by a person referred to in section
152, provide the Complaints Director with,
202

(i) a written summary of the disclosure, and

(ii) any other information that the Inspector General has received in relation to the
matter that the Inspector General believes may assist in dealing with the
matter; or

(b) in any other case, deal with the matter as if it were a complaint made under subsection
107 (1) including, if appropriate, by appointing an inspector to exercise the powers of
an inspector under Part VII.

Inform discloser
(3) If the Inspector General receives notice from the Complaints Director that the Director
refuses to investigate a disclosure of misconduct, the Inspector General shall so inform the
person who made the disclosure.

PROTECTION FROM REPRISALS

No reprisals
190. (1) No person shall take a reprisal against a member of a police service or special
constable employed by a special constable employer because he or she has,

(a) sought advice about making a disclosure about misconduct in accordance with this
Part;

(b) made a disclosure about misconduct in accordance with this Part;

(c) co-operated in an investigation or other process related to a disclosure of misconduct

made in accordance with this Part; or

(d) sought enforcement of this Part.

Same
(2) For the purposes of subsection (1), a reprisal is any measure taken against a member of a
police service or special constable employed by a special constable employer that adversely
affects his or her employment or appointment and includes but is not limited to,

(a) terminating or threatening to terminate the person’s employment or appointment;

 203

(b) disciplining or suspending or threatening to discipline or suspend the person;

(c) imposing or threatening to impose a penalty related to the employment or appointment

of the person; or

(d) intimidating or coercing the person in relation to his or her employment or

appointment.

Complaint about reprisal

191. (1) A member or former member of a police service or special constable employed or
formerly employed by a special constable employer may complain under this section that he or
she has suffered a reprisal prohibited by section 190 by a police service board, a member of a
police service, a special constable employer or a person acting on behalf of one of those.

Request to determine matter

(2) The member, former member, special constable or former special constable may either
have the matter dealt with by final and binding settlement by arbitration under a collective
agreement, if any, or apply to the Commission Chair to appoint an arbitrator to decide the
matter.

Parties
(3) The member, former member, special constable or former special constable and the
person or entity complained of are the parties to the arbitration.

Order
(4) If the arbitrator determines that a reprisal has been taken in contravention of section 190,
the arbitrator may make an order that it considers just and reasonable in the circumstances
directing the police service board, member of the police service or special constable employer,
or person acting on behalf of one of those, to do or refrain from doing anything in relation to the
contravention.

Same
(5) Without limiting the generality of subsection (4), an order under that subsection may
direct that the person or entity do one or more of the following:

1. Cease doing an act or acts complained of under subsection (1).

204

2. Take steps to rectify harm related to a complaint under subsection (1).

3. Reinstate the employment of a person whose employment was terminated or reappoint

a person whose appointment was terminated.

4. Compensate the person for loss of any remuneration, including benefits.

Same
(6) An arbitrator may not make an order under subsection (4) for punitive damages or for
costs.

Burden of proof
(7) In an arbitration under this section, the burden of proof that the police service board,
member of the police service or special constable employer, or person acting on behalf of one of
those, did not act contrary to section 190 lies on the police service board, member of the police
service, special constable employer or person acting on behalf of one of those.

PART XII
DISCIPLINE AND TERMINATION
NON-APPLICATION
Non-application
192. This Part does not apply to police officers appointed under the Interprovincial Policing
Act, 2009.

Agreements
193. Nothing in this Part affects agreements between police service boards and police
officers or police associations, or agreements made under the Ontario Provincial Police
Collective Bargaining Act, 2006, that permit penalties or actions in addition to those set out in
this Part if the police officer in question consents.

PROCEDURES
Assessment and discipline procedures
194. (1) Every chief of police shall establish written procedures for,

(a) the assessment of the work performance of members of the police service; and
 205

(b) the imposition of disciplinary measures on members of the police service.

Procedures to be made available

(2) The chief of police shall make the procedures available to the members of the police
service and any police associations representing those members.

MISCONDUCT
Misconduct
195. A police officer or special constable engages in conduct that constitutes misconduct if
he or she,

(a) contravenes their applicable prescribed code of conduct;

(b) contravenes section 129, 179 or 196;

(c) knowingly fails to respond to an inspector’s reasonable inquiries as required under

section 116;

(d) knowingly fails to comply with a direction or request as required under section 31 of
the Special Investigations Unit Act, 2019 or section 178 of this Act; or

(e) knowingly fails to comply with a requirement to notify the SIU Director as required
under section 16 of the Special Investigations Unit Act, 2019.

Inducing misconduct and withholding services

196. (1) No person shall,

(a) induce or attempt to induce a member of a police service to withhold his or her
services; or

(b) induce or attempt to induce a police officer or special constable to engage in conduct
that constitutes misconduct.

Withholding services
(2) No member of a police service shall withhold his or her services.
206

Offence
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on
conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000, to an imprisonment for
a term of not more than one year, or to both; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to
an imprisonment for a term of not more than one year, or to both.

Same
(4) A person other than an individual that contravenes subsection (1) or (2) is guilty of an
offence and on conviction is liable to a fine of not more than $10,000.

MANDATORY NOTICE OF MISCONDUCT

Duty to provide notice to Complaints Director
197. (1) If a chief of police becomes aware that a member of his or her police service who
is a police officer, other than a deputy chief of police, may have engaged in conduct that
constitutes misconduct, whether during the conduct of an investigation or otherwise, the chief
shall, in prescribed circumstances, provide notice of the misconduct to the Complaints Director.

Duty, police service board

(2) If a police service board becomes aware that a chief of police or deputy chief of police
of a police service maintained by the board may have engaged in conduct that constitutes
misconduct, whether during the conduct of an investigation or otherwise, the board shall, in
prescribed circumstances, provide notice of the misconduct to the Complaints Director.

Duty, Minister
(3) If the Minister becomes aware that the Commissioner or a deputy Commissioner may
have engaged in conduct that constitutes misconduct, whether during the conduct of an
investigation or otherwise, the Minister shall, in prescribed circumstances, provide notice of the
misconduct to the Complaints Director.
 207

INVESTIGATIONS
Investigation by chief of police
198. (1) A chief of police may conduct an investigation in order to determine if a police
officer who is a member of the chief’s police service, other than a deputy chief of police, has
engaged in conduct that constitutes misconduct or unsatisfactory work performance.

Request to investigate
(2) The chief of police may request that the chief of police of another police service cause a
member of that police service to investigate a police officer for the purposes set out in
subsection (1) and report back on their findings.

Outside investigation
(3) The chief of police may request that a person who is not a member of a police service
investigate a police officer for the purposes set out in subsection (1) and report back on their
findings if the chief of police determines that it is necessary to have such a person conduct the
investigation, including if it is necessary to obtain special expertise or to ensure public
confidence in the investigation.

Exception
(4) The chief of police may not make a request under subsection (3) to the Complaints
Director.

Notice
(5) A chief of police who conducts an investigation under this section shall promptly give
notice of the substance of the reason for the investigation to the police officer unless, in the chief
of police’s opinion, to do so might prejudice an investigation under this section or under Part X,
an investigation of an offence under a law of Canada, a province or a territory or the prosecution
of such an offence.

Written report
(6) Once an investigation under this section is concluded, the person conducting the
investigation shall prepare a written report summarizing its findings and shall provide a copy of
the report to the investigated officer unless, in the chief of police’s opinion, to do so might
prejudice an investigation or prosecution described in subsection (5).

Chief of police or deputy chief of police

(7) A police service board may conduct an investigation in order to determine if a chief of
police or deputy chief of police of a police service maintained by the police service board has
208

engaged in conduct that constitutes misconduct or unsatisfactory work performance, and

subsections (1) to (6) apply to the investigation with necessary modifications.

Commissioner or deputy Commissioner

(8) The Minister may conduct an investigation in order to determine if the Commissioner or
a deputy Commissioner has engaged in conduct that constitutes misconduct or unsatisfactory
work performance, and subsections (1) to (6) apply to the investigation with necessary
modifications.

Investigation timing
(9) The chief of police, police service board or Minister conducting an investigation under
this section shall endeavour to ensure that the investigation is concluded within 120 days, not
including any period during which an investigation may not take place as a result of section 208.

Status report
(10) If the timing requirements of subsection (9) are not met in respect of an investigation,
the chief of police, police service board or Minister, as applicable, shall give notice of the status
of the investigation to the person being investigated every 30 days until the investigation is
concluded unless, in the opinion of the chief, board or Minister, doing so might prejudice the
investigation.

Postponement due to criminal investigation or proceeding

199. (1) Subject to subsections (2) and (3), if a matter that is or may be the subject of an
investigation under this Part is or becomes the subject of an investigation of an offence under a
law of Canada, a province or a territory, or the prosecution of such an offence, the chief of
police, police service board or Minister, as applicable, may postpone the commencement of the
investigation under this Part, or suspend it, for as long as is necessary in the chief’s, board’s or
Minister’s opinion to avoid interfering with the investigation or prosecution.

Same, if Crown Attorney, prosecutor consulted re criminal investigation

(2) If a matter that is or may be the subject of an investigation under this Part is or becomes
the subject of an investigation of an offence referred to in subsection (1) and a Crown Attorney
or prosecutor has been consulted, the chief of police, police service board or Minister, as
applicable, shall, if advised by the Crown Attorney or prosecutor to do so, postpone the
commencement of the investigation under this Part, or suspend it, for as long as is necessary in
the prosecutor’s or the chief’s, board’s or Minister’s opinion to avoid interfering with the
investigation.
 209

Same, if Crown Attorney, prosecutor advises re prosecution

(3) If a matter that is or may be the subject of an investigation under this Part is or becomes
the subject of the prosecution of an offence referred to in subsection (1), the chief of police,
police service board or Minister, as applicable, shall, if advised by a Crown Attorney or
prosecutor to do so, postpone the commencement of the investigation under this Part, or suspend
it, for as long as is necessary in the Crown Attorney’s or prosecutor’s opinion to avoid
interfering with the prosecution.

DISCIPLINARY MEASURES AND HEARINGS

Suspension, forfeit of pay, reprimands, etc.
200. (1) Subject to section 201, a chief of police may impose any combination of the
following disciplinary measures on a police officer who is a member of the chief’s police
service, other than a deputy chief of police, if an investigation under section 198 or an
investigation under Part X gives the chief of police reasonable grounds to believe that the officer
has engaged in conduct that constitutes misconduct or unsatisfactory work performance:

1. Suspend the police officer without pay for a period not exceeding 30 days or 240
hours, as the case may be.

2. Direct that the police officer forfeit not more than three days or 24 hours pay, as the
case may be.

3. Direct that the police officer forfeit not more than 20 days or 160 hours off, as the
case may be.

4. Reprimand the police officer.

5. Direct that the police officer undergo specified counselling, treatment or training.

6. Direct that the police officer participate in a specified program or activity.

Restriction respecting single act of misconduct

(2) The disciplinary measures described in paragraphs 1, 2 and 3 of subsection (1) may not
be imposed in combination with each other in respect of a single instance of misconduct or
unsatisfactory work performance.
210

Calculation
(3) A disciplinary measure imposed under paragraph 1, 2 or 3 of subsection (1) shall be
calculated in terms of days if the police officer normally works eight hours a day or less and in
terms of hours if he or she normally works more than eight hours a day.

Same
(4) A police officer may elect to satisfy a disciplinary measure imposed under paragraph 2
of subsection (1) by working without pay or by applying the amount to his or her vacation or
overtime credits or entitlements.

Same, chief of police or deputy chief of police

(5) Subject to section 201, a police service board may impose disciplinary measures on a
chief of police or deputy chief of police of a police service maintained by the police service
board for misconduct or unsatisfactory work performance and subsections (1) to (4) of this
section apply with respect to those measures, with necessary modifications.

Same, Commissioner or deputy Commissioner

(6) Subject to section 201, the Minister, with the approval of the Lieutenant Governor in
Council, may impose disciplinary measures on the Commissioner or a deputy Commissioner for
misconduct or unsatisfactory work performance and subsections (1) to (4) of this section apply
with respect to those measures, with necessary modifications.

Procedure and hearings

201. (1) Before imposing a disciplinary measure under section 200, the chief of police,
police service board or Minister, as the case may be, shall,

(a) provide reasonable information concerning the matter, including the written report
prepared under subsection 198 (6), and written notice stating the reasons for imposing
the disciplinary measure to the police officer;

(b) give the police officer an opportunity to respond to the notice provided under clause
(a), orally or in writing, as the chief of police, police service board or Minister may
determine; and

(c) comply with any other prescribed requirements.

 211

Unsatisfactory work performance — additional requirements

(2) Before a chief of police provides notice under clause (1) (a) of a proposed disciplinary
measure on a police officer for engaging in conduct that constitutes unsatisfactory work
performance, the chief shall,

(a) ensure that the police officer’s work performance has been assessed in accordance
with the procedures established under subsection 194 (1);

(b) advise the police officer of how he or she may improve his or her work performance;

(c) accommodate the police officer’s needs in accordance with the Human Rights Code if
the police officer has a disability, within the meaning of the Human Rights Code, that
requires accommodation;

(d) recommend that the police officer seek remedial assistance, such as counselling,
training or participation in a program or activity, if the chief of police is of the opinion
that it would improve the police officer’s work performance; and

(e) give the police officer a reasonable opportunity to improve his or her work
performance.

Consent to disciplinary measure

(3) The police officer referred to in clause (1) (a) may consent to the imposition of the
disciplinary measure after receiving the notice and, if such a consent is given, the police officer
shall not request a hearing regarding the disciplinary measure under subsection (6).

Consent may be withdrawn

(4) A police officer who consents to the imposition of a disciplinary measure under
subsection (3) may revoke the consent by notifying the chief of police in writing of the
revocation no later than 12 business days after the day on which the consent is given.

Exercise of powers
(5) After complying with subsection (1) and, if applicable, subsection (2) and considering
the response, if any, the chief of police, police service board or Minister may implement the
proposed disciplinary measure, impose a lesser disciplinary measure or rescind his or her
intention to implement it.
212

Hearing
(6) The police officer who is the subject of the disciplinary measure may apply to the
Commission Chair to appoint an adjudicator to hold a hearing regarding the disciplinary
measure within 30 days after the day the application was received.

Notice
(7) A police officer who makes an application under subsection (6) shall provide written
notice of the application to the chief of police, police service board or Minister that imposed the
disciplinary measure.

Parties
(8) The police officer and the chief of police, police service board or Minister, as applicable,
are the parties to the hearing.

Hearing does not operate as a stay

(9) A hearing does not operate to stay the disciplinary measure.

Settlement
(10) The police officer and the chief of police, police service board or Minister, as
applicable, may settle the matter and the settlement may provide for the imposition of a
disciplinary measure set out in subsection 200 (1).

Order
(11) If, following the hearing, the adjudicator determines that the chief of police, police
service board or Minister, as applicable, has proven on clear and convincing evidence that the
conduct of the police officer constitutes misconduct or unsatisfactory work performance, the
adjudicator may impose a disciplinary measure set out in subsection 200 (1).

If overturned
(12) If the adjudicator overturns the decision to impose the disciplinary measure, the chief
of police, police service board or Minister, as applicable, shall ensure that the police officer is
reimbursed for any lost pay, days or hours, as applicable.

Termination of employment or demotion

202. (1) If an investigation under section 198 or an investigation under Part X gives the
chief of police reasonable grounds to believe that a police officer who is a member of the chief’s
police service, other than a deputy chief of police, has engaged in conduct that constitutes
misconduct or unsatisfactory work performance and that the appropriate disciplinary measure is
 213

demotion or termination of the officer’s employment, the chief of police may apply to the
Commission Chair to appoint an adjudicator to hold a hearing on the matter.

Unsatisfactory work performance — additional requirements

(2) Before applying to the Commission Chair under subsection (1) for demotion or
termination of a police officer’s employment, a chief of police shall,

(a) ensure that the police officer’s work performance has been assessed in accordance
with the procedures established under subsection 194 (1);

(b) advise the police officer of how he or she may improve his or her work performance;

(c) accommodate the police officer’s needs in accordance with the Human Rights Code if
the police officer has a disability, within the meaning of the Human Rights Code, that
requires accommodation;

(d) recommend that the police officer seek remedial assistance, such as counselling,
training or participation in a program or activity, if the chief of police is of the opinion
that it would improve the police officer’s work performance; and

(e) give the police officer a reasonable opportunity to improve his or her work
performance.

Notice
(3) The chief of police shall provide written notice of the application to,

(a) the police officer;

(b) if the application arose as a result of an investigation under Part X, the complainant in
that investigation, if any; and

(c) if the Complaints Director directed the chief of police to initiate the hearing, the
Complaints Director.
214

Parties
(4) The parties to the hearing are,

(a) the chief of police;

(b) the police officer;

(c) if the application arose as a result of an investigation under Part X, the complainant in
that investigation, if any; and

(d) if the Complaints Director directed the chief of police to initiate the hearing, the
Complaints Director.

Examination of evidence
(5) Every party to the hearing shall give the other parties an opportunity to examine any
documentary or other evidence that will be produced at the hearing.

Same
(6) For greater certainty, subsection (5) applies in addition to any applicable disclosure
requirements set out under the Statutory Powers Procedure Act or otherwise at law.

Settlement
(7) The parties to the hearing may settle the matter, and the settlement may provide for the
imposition of a disciplinary measure set out in subsection (8) or (9).

Order
(8) If, following the hearing, the adjudicator determines that it has been proven on clear and
convincing evidence that the police officer has engaged in conduct that constitutes misconduct
or unsatisfactory work performance and that demotion or termination of the officer’s
employment is an appropriate response, the adjudicator may make an order to impose one of the
following disciplinary measures:

1. Terminate the police officer’s employment.

2. Direct that the police officer’s employment be terminated in seven days unless he or
she resigns before that time.
 215

3. Demote the police officer, specifying the manner and period of the demotion.

Same
(9) If, following the hearing, the adjudicator determines that the chief of police has proven
on clear and convincing evidence that the police officer has engaged in conduct that constitutes
misconduct or unsatisfactory work performance but that demotion or termination of the officer’s
employment is not an appropriate response, the adjudicator may make an order to impose a
disciplinary measure set out in subsection 200 (1).

Provisions applying to certain disciplinary measures

(10) Subsections 200 (2) and (3) apply with necessary modifications to disciplinary
measures imposed under subsection (8).

Chief of police or deputy chief of police

(11) A police service board may apply to the Commission Chair to appoint an adjudicator to
hold a hearing respecting the demotion or termination of employment of a chief of police or
deputy chief of police of a police service maintained by the police service board.

Same
(12) Subsections (1), (3) and (5) to (10) apply, with necessary modifications, to an
application under subsection (11) and the police service board and the chief of police or deputy
chief of police, as applicable, are parties to the hearing.

Commissioner or deputy Commissioner

(13) The Minister, with the approval of the Lieutenant Governor in Council, may apply to
the Commission Chair to appoint an adjudicator to hold a hearing respecting the demotion or
termination of employment of the Commissioner or a deputy Commissioner.

Same
(14) Subsections (1), (3) and (5) to (10) apply, with necessary modifications, to an
application under subsection (13) and the Minister and the Commissioner or deputy
Commissioner, as applicable, are parties to the hearing.

Postponement due to criminal investigation or proceeding

203. (1) Subject to subsections (2) and (3), if a matter that is or may be the subject of an
adjudication hearing under this Part is or becomes the subject of an investigation of an offence
under a law of Canada, a province or a territory, or the prosecution of such an offence, the
216

adjudicator may postpone the commencement of the adjudication hearing under this Part, or
suspend it, for as long as is necessary in the adjudicator’s opinion to avoid interfering with the
investigation or prosecution.

Same, if Crown Attorney, prosecutor consulted re criminal investigation

(2) If a matter that is or may be the subject of an adjudication hearing under this Part is or
becomes the subject of an investigation of an offence referred to in subsection (1) and a Crown
Attorney or prosecutor has been consulted, the adjudicator shall, if advised by the Crown
Attorney or prosecutor to do so, postpone the commencement of the adjudication hearing under
this Part, or suspend it, for as long as is necessary in the adjudicator’s or prosecutor’s opinion to
avoid interfering with the investigation.

Same, if Crown Attorney, prosecutor advises re prosecution

(3) If a matter that is or may be the subject of an adjudication hearing under this Part is or
becomes the subject of the prosecution of an offence referred to in subsection (1), the
adjudicator shall, if advised by a Crown Attorney or prosecutor to do so, postpone the
commencement of the adjudication hearing under this Part, or suspend it, for as long as is
necessary in the Crown Attorney’s or prosecutor’s opinion to avoid interfering with the
prosecution.

Appeal to Divisional Court

204. (1) A party to a hearing held under section 202 may appeal the adjudicator’s decision
to the Divisional Court within 30 days of receiving notice of the adjudicator’s decision.

Notice to Minister
(2) The appealing party shall provide notice of the appeal to the Minister, and the Minister
is entitled to be heard, by counsel or otherwise, on the argument of the appeal.

Not question of fact alone

(3) An appeal shall not be made on a question of fact alone.

Agreement to disciplinary measure after public complaint

205. (1) A chief of police may impose a disciplinary measure set out in subsection 200 (1)
on a police officer who is a member of the chief’s police service, other than a deputy chief of
police, if the officer consents to the imposition of the measure as a result of an informal
resolution under section 169.
 217

Procedure, etc. inapplicable

(2) For greater certainty, section 201, including, in particular, the ability to withdraw
consent to a disciplinary measure and the availability of an adjudication hearing, does not apply
to a disciplinary measure imposed under subsection (1) of this section.

Effect of resignation on investigation, discipline

206. (1) If a police officer who is the subject of an investigation under section 198 or a
process to impose a disciplinary measure under section 200 or 202 resigns before a disciplinary
measure is imposed, no further action shall be taken under this Part after the date of resignation.

Exception
(2) Despite subsection (1), if, within five years of the date of resignation, the person who
resigned is appointed as a police officer, the chief of police may continue to investigate the
officer’s conduct or take steps to impose a disciplinary measure under section 200 or 202, as the
case may be, in accordance with the regulations, if any.

Chief of police actions

(3) In the circumstances described in subsection (2), if the police officer is newly appointed
as a police officer with a police service other than the police service from which he or she
resigned,

(a) the chief of police of the new police service may take any action under subsection (2)
in respect of the officer’s past conduct as if the chief were the chief of police of the
officer’s old police service; and

(b) the chief of police of the old police service shall provide the chief of police of the new
police service with any notes or other records pertaining to the prior investigation or
disciplinary process.

Expunging of record
207. (1) A chief of police shall expunge an entry made in a police officer’s employment
record respecting a disciplinary measure two years after the day the disciplinary measure was
imposed if,

(a) the disciplinary measure is described in paragraph 4, 5 or 6 of subsection 200 (1);

(b) the police officer did not request a hearing under subsection 201 (6) respecting the
imposition of the disciplinary measure; and
218

(c) no other entries relating to disciplinary measures were entered into the officer’s
employment record in the two years before the day the disciplinary measure was
imposed and in the two years following that day.

Same
(2) A chief of police may expunge an entry made in a police officer’s employment record
respecting a disciplinary measure five years after the day the disciplinary measure was imposed
if,

(a) the disciplinary measure is described in paragraph 1, 2 or 3 of subsection 200 (1);

(b) the police officer did not request a hearing under subsection 201 (6) respecting the
imposition of the disciplinary measure; and

(c) no other entries relating to disciplinary measures were entered into the officer’s
employment record in the five years before the day the disciplinary measure was
imposed and in the five years following that day.

Chiefs of police and deputy chiefs of police

(3) Subsections (1) and (2) apply with necessary modifications to chiefs of police and
deputy chiefs of police in respect of entries made in their employment record respecting a
disciplinary measure, with,

(a) the Minister exercising the powers and duties set out in subsections (1) and (2) in
respect of the Commissioner and any deputy Commissioners; and

(b) the applicable police service board exercising the powers and duties set out in
subsections (1) and (2) in respect of any other chief of police or deputy chief of
police.

Entries under predecessor act

(4) An entry made in a police officer’s employment record under the Police Services Act
may be expunged in accordance with subsection 76 (13) or 77 (10) of that Act as those
provisions read before they were repealed.
 219

LIMITATION ON INVESTIGATIONS AND DISCIPLINE

Limitation on investigations, discipline
208. (1) During the time period described in subsection (3) relating to a matter, the chief of
police and the police service board or Minister, as applicable, shall not,

(a) investigate the matter under section 198, subject to subsection (4) of this section;

(b) impose disciplinary measures with respect to the matter under section 200; or

(c) make an application with respect to the matter under section 202.

Same
(2) During the time period described in subsection (3), an adjudicator may continue to hear
a proceeding that was commenced under section 202 if the hearing commenced before the
beginning of that time period.

Time period
(3) The time periods referred to in subsections (1) and (2) are the following:

1. The time period,

i. beginning on the day the SIU Director causes the matter to be investigated,
and

ii. ending on the day the SIU Director, or the chief of police to whom the matter
is referred under subsection 36 (1) of the Special Investigations Unit Act,
2019, determines that charges will or will not be laid with respect to the
matter.

2. The time period,

i. beginning on the day the chief of police, police service board or Minister,

A. provides notice of the misconduct to the Complaints Director under

section 197, or
220

B. receives notice from the Complaints Director indicating that he or

she will investigate the matter, and

ii. ending on the day the chief of police, police service board or Minister
receives notice,

A. if applicable, that the Complaints Director will not cause an

investigation of the matter to be conducted,

B. that the investigation will be discontinued, or

C. that the Complaints Director does not have reasonable grounds to

believe that the conduct of the police officer or special constable
who was the subject of the investigation constitutes misconduct.

Exception
(4) Subsection (1) does not limit,

(a) an investigation conducted for the purpose of determining whether to impose a

suspension without pay under section 210; or

(b) the imposition of a suspension without pay under section 210.

SUSPENSION
Suspension with pay
209. (1) A chief of police may suspend a police officer who is a member of the chief’s
police service, other than a deputy chief of police, with pay, pending the final disposition of a
proceeding, if any, under this Part if the member is suspected of misconduct.

Other required duties

(2) The suspension may require the police officer to perform duties that do not involve
exercising the powers or performing the duties of a police officer.
 221

Notice
(3) The chief of police shall provide written notice of the suspension to the police officer.

Revocation
(4) The chief of police may revoke the suspension at any time.

Re-imposition
(5) The chief of police may re-impose a suspension, repeatedly if necessary, as the chief of
police considers appropriate, as long as the circumstances set out in subsection (1) continue to
be met.

Earnings from other employment

(6) If a police officer is suspended with pay and is not performing duties as required by the
chief of police under subsection (2), the pay for the period of suspension shall be reduced by the
amount that he or she earns from other employment during that period.

Exception
(7) Subsection (6) does not apply to earnings from other employment that was commenced
before the period of suspension, but does apply to earnings generated from additional hours that
the employee works during the period of suspension.

Chief of police or deputy chief of police

(8) A police service board may suspend a chief of police or deputy chief of police of a
police service maintained by the police service board with pay, and subsections (1) to (7) apply
to the suspension with necessary modifications.

Commissioner or deputy Commissioner

(9) The Minister may suspend the Commissioner or a deputy Commissioner with pay, and
subsections (1) to (7) apply to the suspension with necessary modifications.

Suspension without pay

210. (1) A chief of police may suspend a police officer who is a member of the chief’s
police service, other than a deputy chief of police, without pay in the following circumstances:

1. The police officer is convicted of an offence and sentenced to a term of imprisonment,

even if the conviction or sentence is under appeal.
222

2. The police officer is in custody or is subject to conditions of judicial interim release,

or conditions imposed under section 499 of the Criminal Code (Canada), that
substantially interfere with the officer’s ability to perform the duties of a police
officer.

3. The police officer is charged with a serious offence, as defined in the regulations,
under a law of Canada and,

i. the alleged offence was not committed in relation to the performance of the
officer’s duties,

ii. the chief of police,

A. has commenced proceedings to seek termination of the police

officer’s employment in relation to the events that led to the charges,
or

B. has given notice to the police officer that the chief intends to
commence such proceedings but is prevented from doing so by
section 208,

iii. the likely outcome of the proceedings would be, if the events leading to the
charges were proven, that the officer’s employment would be terminated or
the officer would resign in accordance with an order under paragraph 2 of
subsection 202 (8), and

iv. a failure to suspend the officer without pay would bring discredit to the
reputation of the police service.

Unable to perform duties

(2) A suspension without pay imposed under paragraph 2 of subsection (1) on a police
officer who is subject to conditions of judicial interim release ends once the conditions no longer
substantially interfere with the police officer’s ability to perform the duties of a police officer.

Non-application of other sections

(3) Sections 200 and 201 do not apply to a suspension without pay imposed under this
section.
 223

Notice
(4) The chief of police shall provide written notice of a suspension without pay to the police
officer.

Revocation
(5) The chief of police may revoke a suspension without pay at any time.

Disentitlement to pay
(6) During a suspension without pay, the police officer is not entitled to receive a salary,
wages or other remuneration, but is entitled to continue to receive any benefits the officer would
otherwise be entitled to.

Pension credit
(7) Despite subsection (6), a police officer shall not accrue pension credit in respect of the
period of suspension without pay.

Restrictions on activities that constitute full-time employment do not apply

(8) Clause 89 (1) (c) does not apply to the police officer during the period of suspension
without pay.

Effective date of suspension without pay

(9) A suspension without pay takes effect as follows:

1. For a suspension under paragraph 1 or 2 of subsection (1), on the day the chief of
police provides written notice of the suspension to the police officer.

2. For a suspension under paragraph 3 of subsection (1), on the 60th day after the day the
chief of police provides written notice of the suspension to the police officer.

Hearing for certain suspensions without pay

(10) A police officer may apply to the Commission Chair to appoint an adjudicator to hold a
hearing respecting a decision to impose a suspension without pay if,
224

(a) the suspension is under paragraph 2 of subsection (1) and the officer believes that the
conditions of judicial interim release to which he or she is subject do not substantially
interfere with his or her ability to perform the duties of a police officer; or

(b) the suspension is under paragraph 3 of subsection (1).

Same
(11) The police officer must apply to the Commission Chair, and provide written notice of
the application to the chief of police who imposed the suspension, before the 60th day after the
day the chief of police provided written notice of the suspension to the police officer.

Same
(12) A hearing under subsection (10) shall be dealt with on an expedited basis.

Parties
(13) The police officer and the chief of police are the parties to the hearing.

Some hearings operate as stays

(14) If a decision to impose a suspension without pay under paragraph 3 of subsection (1) is
the subject of a hearing before an adjudicator, the suspension is stayed from the time notice of
the hearing is served on the chief of police until the adjudicator disposes of the matter.

Order
(15) The adjudicator may make an order overturning the decision to impose the suspension
without pay if the adjudicator determines that the police officer has shown, on the balance of
probabilities, that the criteria for imposing the suspension without pay were not met.

Delay
(16) If the adjudicator finds that a party is acting in bad faith for the purpose of delaying the
hearing, the adjudicator may make such interim orders as the adjudicator considers appropriate,
including imposing a suspension without pay for such time as the adjudicator believes
appropriate to remedy the delay.

If overturned
(17) If the adjudicator overturns the decision to suspend the police officer without pay,

(a) the suspension without pay ends;

 225

(b) the chief of police shall ensure that the police officer is compensated for the loss of
any salary, wages or other remuneration; and

(c) subsection (7) shall not apply with respect to any period of the suspension.

Chief of police or deputy chief of police

(18) A police service board may suspend a chief of police or deputy chief of police of a
police service maintained by the police service board without pay.

Same
(19) Subsections (1) to (12) and (14) to (17) apply, with necessary modifications, to a
suspension under subsection (18) and the police service board and the chief of police or deputy
chief of police, as applicable, are parties to any hearing under subsection (10).

Commissioner or deputy Commissioner

(20) The Minister, with the approval of the Lieutenant Governor in Council, may suspend
the Commissioner or a deputy Commissioner without pay.

Same
(21) Subsections (1) to (12) and (14) to (17) apply, with necessary modifications, to a
suspension under subsection (20) and the Minister and the Commissioner or deputy
Commissioner, as applicable, are parties to any hearing under subsection (10).

Powers on suspension
211. While suspended with or without pay, a police officer shall not exercise any of the
powers vested in him or her as a police officer or wear or use clothing or equipment that was
issued to him or her in that capacity.

TERMINATION OF PROBATIONARY POLICE OFFICERS

Termination of employment during probationary period
212. (1) A police service board may terminate a police officer’s employment at any time
during his or her probationary period on the recommendation of the chief of police but, before
doing so, shall give the police officer written notice with respect to the reasons for the
termination and an opportunity to respond orally or in writing, as the board may determine.
226

Non-application
(2) Section 202 does not apply to the termination of the employment of a police officer
during his or her probationary period.

EVIDENCE
Police officer not required to give evidence
213. (1) A police officer who is the subject of the hearing under this Part shall not be
required to give evidence at the hearing.

Testimony in civil proceedings

(2) No person shall be required to testify in a civil proceeding with regard to information
obtained in the course of an investigation conducted under this Part, except at,

(a) a hearing held under this Part; or

(b) a discipline proceeding for a member of a police service who is not a police officer.

Admissibility of documents
(3) No document prepared as the result of an investigation conducted under this Part is
admissible in a civil proceeding, except at a proceeding set out in subsection (2).

Inadmissibility of statements
(4) No statement made during an attempt to resolve a dispute regarding disciplinary matters
that may result from an investigation conducted under this Part is admissible in a civil
proceeding, including a hearing held under this Part, except with the consent of the person who
made the statement.

Inspector’s evidence
(5) No information gathered by an inspector in the course of an inspection under this Act is
admissible in a hearing held under this Part, except a hearing at which the misconduct alleged
relates to an interaction with the inspector, including a contravention of section 129.
 227

MISCELLANEOUS
Application of Statutory Powers Procedure Act
214. Despite section 32 of the Statutory Powers Procedure Act, any provision of this Act or
the regulations relating to a proceeding before an adjudicator appointed by the Commission
Chair prevails over any provision of that Act to the extent of the conflict.

Reports of chief of police

215. (1) A chief of police shall report, in accordance with the regulations, to the police
service board or, in the case of the Commissioner, to the Minister regarding the aggregate
disciplinary measures the chief has taken under this Part.

Publication and forwarding of reports

(2) The board and Minister shall,

(a) publish the reports on the Internet in accordance with the regulations made by the
Minister, if any; and

(b) forward the reports to the Complaints Director.

TRANSITION
Transition
216. (1) Complaints made under the Police Services Act and hearings under section 25 of
that Act shall continue to be dealt with in accordance with the provisions of that Act as they read
immediately before the Act’s repeal with necessary modifications, subject to subsections (3) to
(6) and to such other modifications as may be set out in the regulations.

Previous event
(2) If a complaint about a policy of or service provided by a police service or the conduct of
a police officer is made on or after the day the Police Services Act is repealed, but the event to
which the complaint relates occurred before the repeal of that Act and the event does not form
part of a series of events that continued on or after the day that Act is repealed, the complaint
shall be dealt with in accordance with the provisions of that Act as they read immediately before
the Act’s repeal with necessary modifications, subject to subsections (3) to (6) and to such other
modifications as may be set out in the regulations.
228

Complaints Director
(3) The Complaints Director shall exercise the powers and duties of the Independent Police
Review Director in respect of the matters described in subsections (1) and (2).

Different appeal
(4) If subsection (1) or (2) would allow a person to appeal a matter to the Ontario Civilian
Police Commission, the appeal shall instead be made to the Commission Chair, who shall
appoint three adjudicators to exercise the powers and perform the duties of the Ontario Civilian
Police Commission in the appeal, subject to such modifications as may be set out in the
regulations.

Ontario Civilian Police Commission

(5) The Ontario Civilian Police Commission is continued, until the regulations provide for
its dissolution, for the purposes of completing any hearings or appeals under section 25 or Part
V of the Police Services Act that were initiated before the day the Police Services Act was
repealed and that were not finally determined as of that day.

Testimony
(6) No person shall be required to testify in a civil proceeding with regard to information
obtained in the course of an investigation under Part II or V of the Police Services Act as it read
immediately before its repeal, except at,

(a) a hearing under Part XII of this Act; or

(b) a hearing or appeal dealt with in accordance with subsection (1) or (2) of this section.

Documents
(7) No document prepared in the course of dealing with a complaint under Part V of the
Police Services Act is admissible in a civil proceeding, except at,

(a) a hearing under Part XII of this Act; or

(b) a hearing or appeal held under Part V of the Police Services Act as the result of the
application of subsection (1) or (2) of this section.
 229

PART XIII
LABOUR RELATIONS
DEFINITION AND APPLICATION
Definition, Part XIII
217. In this Part,

“senior officer” means a member of a police service who has the rank of inspector or higher or is
employed in a supervisory or confidential capacity.

Non-employees of police service boards

218. (1) This Part does not apply to members of a police service who are not employees of
a police service board.

Exception
(2) Despite subsection (1), section 221 applies to members of the Ontario Provincial Police.

Chief of police and deputy

(3) The working conditions and remuneration of the chief of police and any deputy chief of
police of a police service shall be determined under clause 37 (1) (d) and not under this Part.

POLICE ASSOCIATIONS
Duty of fair representation
219. (1) A police association, so long as it continues to represent members of a police
service under this Part, shall not act in a manner that is arbitrary, discriminatory or in bad faith
in the representation of any of the members of the police service.

Appointment of conciliation officer

(2) If a member of a police association alleges that the police association has contravened
subsection (1), the member may apply to the Commission Chair to appoint a conciliation officer
to attempt to resolve the matter.

Conciliation procedure
(3) The conciliation shall be conducted in accordance with the procedure set out in
subsections 228 (2) to (6), with necessary modifications.
230

Parties
(4) The member of a police association making the allegation and the police service are the
parties to a conciliation or to an arbitration under this section.

Arbitration
(5) If matters remain in dispute after the conciliation, either party may give the Commission
Chair and the other party a written notice referring the matters to arbitration.

Arbitration procedure
(6) The arbitration shall be conducted in accordance with the procedure set out in
subsections 229 (2) to (8), with necessary modifications.

MEMBERSHIP AND STATUS

Restriction on membership in police association
220. The following members of a police service shall not become or remain members of a
police association:

1. The chief financial officer, however that person is described.

2. The chief administrative officer, however that person is described.

3. The chief human resources executive, however that person is described.

4. The general counsel, however that person is described.

5. Any person employed in a confidential capacity in relation to labour relations.

Membership in trade union prohibited for certain members

221. A member of a police service shall not become or remain a member of a trade union or
of an organization that is affiliated directly or indirectly with a trade union, unless the
membership is required for secondary activities and the member notifies his or her chief of
police of the membership.
 231

Dispute re person’s status

222. (1) Any affected person may apply to the Commission Chair to appoint an arbitrator to
decide the following disputes:

1. A dispute as to whether a person is subject to this Part by virtue of being a member of

a police service who is an employee of a police service board.

2. A dispute as to whether a person is a senior officer.

3. A dispute as to whether a person is prohibited from being a member of a police

association as a result of section 220.

Parties
(2) The parties to the arbitration include the police service board and any affected police
associations.

Procedure
(3) The arbitration shall be conducted in accordance with the procedure set out in
subsections 229 (2) to (8), with necessary modifications.

BARGAINING AND ARBITRATION

Separate bargaining, etc., separate categories
223. (1) If a majority of the members of a police service, or a police association that is
entitled to give notices of desire to bargain, assigns the members of the police service to
different categories for the purposes of this Part, bargaining, conciliation and arbitration shall be
carried on as if each category were a separate police service.

Senior officers
(2) If at least 50 per cent of the senior officers of a police service belong to a police
association composed only of senior officers, bargaining, conciliation and arbitration shall be
carried on as if the senior officers were a separate police service.

Restriction
(3) If there is a dispute as to whether bargaining, conciliation and arbitration should be
carried on with more than two categories within a police service (apart from senior officers), any
affected person may apply to the Commission Chair to appoint an arbitrator to decide the matter.
232

Parties
(4) The parties to an arbitration under subsection (3) include the police service board and
any affected police associations.

Procedure
(5) An arbitration under subsection (3) shall be conducted in accordance with the procedure
set out in subsections 229 (2) to (8), with necessary modifications.

Notice of desire to bargain

224. (1) If no agreement exists, or at any time after 90 days before an agreement would
expire but for section 234, a majority of the members of a police service may give the police
service board notice in writing of their desire to bargain with a view to making an agreement,
renewing the existing agreement, with or without modifications, or making a new agreement.

Bargaining
(2) Within 15 days after the notice of desire to bargain is given or within the longer period
that the parties agree upon, the police service board shall meet with a bargaining committee of
the members of the police service.

Same
(3) The parties shall bargain in good faith and make every reasonable effort to come to an
agreement dealing with the remuneration, pensions, sick leave credit gratuities and grievance
procedures of the members of the police service and, subject to section 231, their working
conditions.

Filing of agreement
(4) The police service board shall promptly file a copy of any agreement with the
Arbitration and Adjudication Commission.

Police association
(5) If at least 50 per cent of the members of the police service belong to a police association,
it shall give the notice of desire to bargain.

Municipal plans, notice to Minister

(6) If the notice of desire to bargain involves pensions under a pension plan established or to
be established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may
be, it shall also be given to the Minister of Municipal Affairs and Housing, who may determine
 233

the maximum pension benefits that may be included in any agreement or award with respect to
the pension plan.

Bargaining committee
225. (1) The members of the bargaining committee shall be members of the police service.

Legal counsel and advisors

(2) Legal counsel and advisors to the bargaining committee and to the police service board
may participate in or conduct the bargaining sessions.

Police organization
(3) If the notice of desire to bargain is given by a police association that is affiliated with a
police organization, or if at least 50 per cent of the members of the police service belong to a
police organization, a member of the organization may attend the parties’ bargaining sessions in
an advisory capacity.

Appointment of conciliation officer

226. (1) The Commission Chair shall appoint a conciliation officer, at a party’s request, if a
notice of desire to bargain has been given.

Duty of conciliation officer

(2) The conciliation officer shall confer with the parties and endeavour to effect an
agreement and shall, within 14 days after being appointed, make a written report of the results to
the Commission Chair.

Extension of time
(3) The 14-day period may be extended if the parties agree or if the Commission Chair
extends it on the advice of the conciliation officer that an agreement may be made within a
reasonable time if the period is extended.

Report
(4) When the conciliation officer reports to the Commission Chair that an agreement has
been reached or that an agreement cannot be reached, the Commission Chair shall promptly
inform the parties of the report.

No arbitration until after conciliation

(5) Neither party shall give a notice requiring matters in dispute to be referred to arbitration
under section 227 until a conciliation officer has been appointed, endeavoured to effect an
234

agreement and reported to the Commission Chair and the Commission Chair has informed the
parties of the conciliation officer’s report.

Competency as a witness
(6) A conciliation officer appointed under subsection (1) is not a competent or compellable
witness before a court or tribunal respecting any information or material furnished to or received
by him or her while being involved in an endeavour under this section to effect an agreement.

Arbitration
227. (1) If matters remain in dispute after bargaining under section 224 and conciliation
under section 226, a party may give the Commission Chair and the other party a written notice
referring the matters to arbitration.

Composition of arbitration board

(2) The following rules apply to the composition of the arbitration board:

1. The parties shall determine whether it shall consist of one person or three persons. If
they are unable to agree on this matter, or if they agree that the arbitration board shall
consist of three persons but one of the parties then fails to appoint a person in
accordance with the agreement, the arbitration board shall consist of one person.

2. If the arbitration board is to consist of one person, the parties shall appoint him or her
jointly. If they are unable to agree on a joint appointment, the person shall be
appointed by the Commission Chair.

3. If the arbitration board is to consist of three persons, the parties shall each appoint one
person and shall jointly appoint a chair. If they are unable to agree on a joint
appointment, the chair shall be appointed by the Commission Chair.

4. If the arbitration board consists of one person who was appointed by the Commission
Chair, or if the arbitration board consists of three persons and the chair was appointed
by the Commission Chair, the Commission Chair shall select the method of
arbitration and shall advise the arbitration board of the selection. The method selected
shall be mediation-arbitration unless the Commission Chair is of the view that another
method is more appropriate. The method selected shall not be final offer selection
without mediation and it shall not be mediation-final offer selection unless the
Commission Chair, in his or her sole discretion, selects that method because he or she
is of the view that it is the most appropriate method having regard to the nature of the
 235

dispute. If the method selected is mediation-final offer selection, the chair of the
arbitration board shall be the mediator or, if the arbitration board consists of one
person, that person shall be the mediator.

When hearings commence

(3) The arbitration board shall hold the first hearing within 30 days after the chair is
appointed or, if the arbitration board consists of one person, within 30 days after that person is
appointed.

Exception
(4) If the method of arbitration selected by the Commission Chair is mediation-arbitration or
mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect
of the first hearing but applies instead, with necessary modifications, in respect of the
commencement of mediation.

Time for submission of information

(5) If the method of arbitration selected by the Commission Chair is mediation-arbitration or
mediation-final offer selection, the chair of the arbitration board or, if the arbitration board
consists of one person, that person may, after consulting with the parties, set a date after which a
party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair or, if the arbitration board consists of one person, that person permits the
submission of the information; and

(c) the other party is given an opportunity to make submissions concerning the
information.

Hearing
(6) If the method of arbitration selected by the Commission Chair is conventional
arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if
the arbitration board consists of one person, that person may impose limits on the submissions
of the parties and the presentation of their cases.

Consolidation of disputes
(7) Disputes may be arbitrated together only if all the parties to the disputes agree.
236

Time for decision

(8) The arbitration board shall give a decision within 90 days after the chair is appointed or,
if the arbitration board consists of one person, within 90 days after that person is appointed.

Extension
(9) The parties may agree to extend the time described in subsection (8), either before or
after the time has passed.

Remuneration and expenses

(10) The remuneration and expenses of the members of an arbitration board shall be paid as
follows:

1. A party shall pay the remuneration and expenses of a member appointed by or on

behalf of the party.

2. Each party shall pay one-half of the chair’s remuneration and expenses or, if the
arbitration board consists of one person, one-half of that person’s remuneration and
expenses.

Representations by municipality
(11) The municipality may make representations before the arbitration board in an
arbitration involving a municipal board if the municipality is authorized to do so by a resolution.

Representations by Minister and band council

(12) The Minister and the band council may make representations before the arbitration
board in an arbitration involving a First Nation board.

Criteria
(13) In making a decision or award, the arbitration board shall take into consideration all
factors it considers relevant, including the following criteria:

1. The employer’s ability to pay in light of its fiscal situation.

2. The extent to which services may have to be reduced, in light of the decision or
award, if current funding and taxation levels are not increased.
 237

3. The economic situation in Ontario and, if applicable, in the municipality.

4. A comparison, as between the employees and other comparable employees in the

public and private sectors, of the terms and conditions of employment and the nature
of the work performed.

5. The employer’s ability to attract and retain qualified employees.

6. The interest and welfare of the community served by the police service.

7. Any local factors affecting that community.

Restriction
(14) Nothing in subsection (13) affects the powers of the arbitration board.

Filing of award
(15) The arbitration board shall promptly file a copy of its decision or award with the
Arbitration and Adjudication Commission.

Dispute, appointment of conciliation officer

228. (1) The Commission Chair shall appoint a conciliation officer, at a party’s request, if a
difference arises between the parties concerning an agreement or an arbitrator’s decision or
award made under this Part, or if it is alleged that an agreement or award has been violated.

Duty of conciliation officer

(2) The conciliation officer shall confer with the parties and endeavour to resolve the
dispute and shall, within 14 days after being appointed, make a written report of the results to
the Commission Chair.

Extension of time
(3) The 14-day period may be extended if the parties agree or if the Commission Chair
extends it on the advice of the conciliation officer that the dispute may be resolved within a
reasonable time if the period is extended.
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Report
(4) When the conciliation officer reports to the Commission Chair that the dispute has been
resolved or that it cannot be resolved by conciliation, the Commission Chair shall promptly
inform the parties of the report.

No arbitration during conciliation

(5) Neither party shall give a notice referring the dispute to arbitration until the Commission
Chair has informed the parties of the conciliation officer’s report.

Competency as a witness
(6) A conciliation officer appointed under subsection (1) is not a competent or compellable
witness before a court or tribunal respecting any information or material furnished to or received
by him or her while being involved in an endeavour under this section to resolve a dispute.

Arbitration after conciliation fails

229. (1) If the conciliation officer reports that the dispute cannot be resolved by
conciliation, either party may give the Commission Chair and the other party a written notice
referring the dispute to arbitration.

Same
(2) The procedure provided by subsection (1) is available in addition to any grievance or
arbitration procedure provided by the agreement, decision or award.

Composition of arbitration board

(3) The following rules apply to the composition of the arbitration board:

1. The parties shall determine whether it shall consist of one person or three persons. If
they are unable to agree on this matter, or if they agree that the arbitration board shall
consist of three persons but one of the parties then fails to appoint a person in
accordance with the agreement, the arbitration board shall consist of one person.

2. If the arbitration board is to consist of one person, the parties shall appoint him or her
jointly. If they are unable to agree on a joint appointment, the person shall be
appointed by the Commission Chair.

3. If the arbitration board is to consist of three persons, the parties shall each appoint one
person and shall jointly appoint a chair. If they are unable to agree on a joint
appointment, the chair shall be appointed by the Commission Chair.
 239

Time for arbitration

(4) The arbitration board shall commence the arbitration within 30 days after being
appointed, in the case of a one-person board, or within 30 days after the appointment of the
chair, in the case of a three-person board, and shall deliver a decision within a reasonable time.

Filing of decision
(5) The arbitration board shall promptly file a copy of its decision with the Arbitration and
Adjudication Commission.

Costs and expenses

(6) The following rules apply with respect to the costs and expenses of the arbitration:

1. The Arbitration and Adjudication Commission shall pay the fees of any person the
Commission Chair appoints to the arbitration board.

2. Each party shall pay its own costs incurred in the arbitration, including the fees of any
person it appoints to the arbitration board.

3. The parties shall share equally the costs and expenses for matters shared in common,
including the fees of any person whom they jointly appoint to the arbitration board.

Enforcement
(7) After the day that is 30 days after the delivery of the decision or after the day that the
decision provides for compliance, whichever is later, the arbitration board may, of its own
motion, and shall, at a party’s request, file a copy of the decision, in the form approved by the
Minister, with the Superior Court of Justice.

Same
(8) The decision shall be entered in the same way as a judgment of the Superior Court of
Justice and may be enforced as such.

Extension of time
230. The parties may agree to extend any period of time mentioned in this Part.
240

Restriction
231. Agreements and awards made under this Part do not affect the working conditions of
the members of the police service insofar as those working conditions are determined by
subsection 47 (3), sections 82 to 87, sections 89, 92, 93, 95 and 96 and Part XII (except as
provided in section 193) and by the regulations.

Non-application of Arbitration Act, 1991

232. The Arbitration Act, 1991 does not apply to arbitrations conducted under this Part.

Agreements, decisions and awards binding

233. Agreements, decisions and awards made under this Part bind the police service board
and the members of the police service.

Duration of agreements, decisions and awards

234. (1) Agreements, decisions and awards remain in effect until the end of the year in
which they come into effect and thereafter continue in effect until replaced.

Longer duration if parties agree

(2) The parties to an agreement may provide that the agreement and any decisions or awards
made with respect to it shall remain in effect until the end of the year following the year in
which they come into effect and thereafter shall continue in effect until replaced.

Provision for expenditures

235. (1) If, when the municipality is adopting its annual estimates, a notice of desire to
bargain has been given but there is not yet an agreement, decision or award, the municipality
shall make such provision for the payment of expenditures that will result from the expected
agreement, decision or award as it considers adequate.

Coming into effect

(2) An agreement, decision or award comes into effect on the first day of the fiscal period in
respect of which the municipality may make provision for it in its estimates, whether that day is
before or after the agreement, decision or award is made.

Exception
(3) A provision of the agreement, decision or award that does not involve municipal
expenditures may come into effect earlier than the day referred to in subsection (2).
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Transition; continuation of proceedings

236. Any arbitration for which an arbitrator was appointed under the Police Services Act but
that was not disposed of before the day that this section came into force shall continue under this
Act.

INQUIRIES
Inquiry, alleged contravention
237. (1) The Commission Chair may authorize a conciliation officer to inquire into any
complaint alleging a contravention of this Part.

Duties
(2) The conciliation officer shall inquire into the complaint and endeavour to effect a
settlement of the matter complained of under subsection (1).

Appointment of arbitrator
(3) If the conciliation officer is unable to effect a settlement of the matter complained of
under subsection (1) or if the Commission Chair in his or her discretion considers it advisable to
dispense with the conciliation officer’s inquiry, the chair may appoint an arbitrator to inquire
into the complaint.

Arbitrator’s decision
(4) If the arbitrator is satisfied that a person has acted contrary to this Part, the arbitrator
shall determine what, if anything, the person shall do or refrain from doing with respect thereto
and may, without limiting the generality of the foregoing and despite the provisions of any
collective agreement, make one or more of the following orders:

1. An order directing a person to cease doing the act or acts complained of.

2. An order directing a person to rectify the act or acts complained of.

Filing in court
(5) Any person affected by the arbitrator’s determination may file the determination,
excluding the reasons, in the form approved by the Minister in the Superior Court of Justice, and
it shall be entered in the same way as an order of that court and is enforceable as such.
242

Effect of settlement
(6) If a proceeding under this section has been settled, whether through the endeavours of
the conciliation officer or otherwise, and the terms of the settlement have been put in writing
and signed by the parties or their representatives, the settlement is binding upon the parties who
have agreed to the settlement and shall be complied with according to its terms, and a complaint
that a person who has agreed to the settlement has not complied with the terms of the settlement
shall be deemed to be a complaint under subsection (1).

Competency as a witness
(7) A conciliation officer is not a competent or compellable witness before a court or
tribunal respecting any information or material furnished to or received by him or her while
being involved in an inquiry, or an endeavour to effect a settlement, under this section.

PART XIV
TRANSFER OF ASSETS BETWEEN PENSION PLANS
Interpretation
238. (1) Words and expressions used in this Part have the same meaning as under the
Pension Benefits Act unless the context requires otherwise.

Definitions
(2) In this Part,

“eligible police service employee” means an employee who is a member of a police service and
who meets the requirements set out in section 241; (“employé d’un service de police
admissible”)

“original pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits
Act; (“premier régime de retraite”)

“successor pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits
Act. (“régime de retraite subséquent”)

Agreement governing transfers

239. (1) The administrators of the Public Service Pension Plan and the Ontario Municipal
Employees Retirement System may enter into one or more written agreements governing the
transfer of assets between pension plans in any of the circumstances that are referred to in
subsection 80 (2) or 81 (1) of the Pension Benefits Act in respect of eligible police service
 243

employees whose employment has been transferred between the Ontario Provincial Police and
another police service.

Amount
(2) An agreement must set out the manner of determining the amount of assets to be
transferred from an original pension plan to a successor pension plan in respect of the pension
benefits and ancillary benefits of an eligible police service employee who consents to the
transfer of assets.

Notice to employees
(3) An agreement must provide for the contents of the notice to be given to each eligible
police service employee concerning the option of consenting to a transfer of assets in respect of
his or her pension benefits and ancillary benefits under the original pension plan, and the notice
must contain sufficient information to allow the employee to make an informed decision about
whether to consent to the transfer.

Duty to file agreement

240. (1) If the administrators of the Public Service Pension Plan and the Ontario Municipal
Employees Retirement System enter into an agreement under section 239, the administrators
shall file it with the Superintendent of Financial Services.

Effect of filing
(2) Sections 14 and 26 of the Pension Benefits Act do not apply with respect to a filed
agreement or with respect to any amendment to a pension plan that relates to the implementation
of a filed agreement.

Eligibility of police service employees

241. (1) For the purposes of an agreement filed under section 240, an employee is an
eligible police service employee if he or she is a member of a police service who is employed on
the effective date of the proposed transfer of assets under the agreement in respect of his or her
pension benefits and ancillary benefits under the original pension plan.

Exception
(2) Despite subsection (1), an employee is not an eligible police service employee if he or
she is receiving a pension under the Public Service Pension Plan or the Ontario Municipal
Employees Retirement System on the effective date of the proposed transfer of assets under the
agreement.
244

Same
(3) Despite subsection (1), an employee is not an eligible police service employee if he or
she is entitled, on the effective date of the proposed transfer of assets, to a deferred pension
under the Public Service Pension Plan or the Ontario Municipal Employees Retirement System.

Employee’s consent to transfer of assets

242. (1) If an eligible police service employee consents, assets may be transferred under an
agreement filed under section 240 from an original pension plan to a successor pension plan in
respect of his or her pension benefits and ancillary benefits under the original pension plan in
accordance with this Part.

Same
(2) The employee must indicate his or her consent in writing in the manner specified by the
administrator of the original pension plan.

Application of the Pension Benefits Act

(3) The following rules apply to a transfer of assets in accordance with this Part:

1. Sections 21, 79.2, clause 80 (6) (b) and subsections 80 (9) to (15) and 81 (4) to (7) of
the Pension Benefits Act do not apply to the transfer.

2. For the purposes of section 79.1 of the Pension Benefits Act, the transfer is deemed to
be authorized under section 80 or 81 of that Act if the transfer is done in accordance
with subsections 80 (1) to (8) or 81 (1) to (3) of that Act, respectively.

Transfer to prescribed retirement savings arrangement

(4) If the amount of the assets to be transferred in relation to an individual’s pension
benefits and other benefits under the original pension plan is greater than the amount allowed
under the Income Tax Act (Canada) for such a transfer, the administrator of the original pension
plan shall pay the portion that exceeds that allowed amount into a retirement savings
arrangement prescribed under the Pension Benefits Act on behalf of the individual.

Exception
(5) If the amount to be paid under subsection (4) into a retirement savings arrangement
prescribed under the Pension Benefits Act is greater than the amount prescribed under the
Income Tax Act (Canada) for such a transfer, the administrator shall pay the portion that exceeds
the amount prescribed under that Act as a lump sum to the individual.
 245

Effect of transfer of assets

(6) When assets are transferred in accordance with this Part to a successor pension plan, the
transferred assets become part of the assets of the pension fund for that pension plan and they
cease to be identified as assets of the original pension plan.

Status of transferred assets and discharge

(7) When assets are transferred in accordance with this Part,

(a) the employer who is the sponsor of the successor pension plan assumes responsibility
for providing pension benefits and other benefits under the original pension plan to
the transferred members, and other persons entitled to payments under that plan, and
they have no further claim against the original pension plan; and

(b) the administrator of the original pension plan is discharged upon transferring the
assets.

PART XV
COURT SECURITY
Court security
Police service boards
243. (1) A police service board that has policing responsibility for an area has the following
responsibilities with respect to premises where court proceedings are conducted:

1. Ensuring the security of judges and other judicial officers and of persons taking part
in or attending proceedings.

2. During the hours when judges, other judicial officers and members of the public are
normally present, ensuring the security of the premises.

3. Ensuring the secure custody of persons in custody who are on or about the premises,
including persons taken into custody at proceedings.

4. Determining appropriate levels of security for the purposes of paragraphs 1, 2 and 3 in

accordance with the regulations, if any.
246

Commissioner
(2) The Commissioner has the responsibilities set out in subsection (1) in the area for which
he or she has policing responsibility.

Common law replaced

(3) The responsibilities created by this section replace any responsibility for ensuring court
security that existed at common law.

Powers of person providing court security

244. (1) A person who is authorized by a police service board to act in relation to the
board’s responsibilities under subsection 243 (1) or who is authorized by the Commissioner to
act in relation to the Commissioner’s responsibilities under subsection 243 (2) may exercise the
following powers if it is reasonable to do so for the purpose of fulfilling those responsibilities:

1. Require a person who is entering or attempting to enter premises where court

proceedings are conducted or who is on such premises,

i. to identify himself or herself, and

ii. to provide information for the purpose of assessing whether the person poses
a security risk.

2. Search, without warrant,

i. a person who is entering or attempting to enter premises where court

proceedings are conducted or who is on such premises,

ii. any vehicle that the person is driving, or in which the person is a passenger,
while the person is on, entering or attempting to enter premises where court
proceedings are conducted, and

iii. any property in the custody or care of the person.

3. Search, without warrant, using reasonable force if necessary,

 247

i. a person in custody who is on premises where court proceedings are

conducted or is being transported to or from such premises, and

ii. any property in the custody or care of the person.

4. Refuse to allow a person to enter premises where court proceedings are conducted and
use reasonable force if necessary to prevent the person’s entry,

i. if the person refuses to identify himself or herself or provide information

under paragraph 1 or refuses to submit to a search under paragraph 2,

ii. if there is reason to believe that the person poses a security risk, or

iii. for any other reason relating to the fulfilment of the police service board’s
responsibilities under subsection 243 (1) or the Commissioner’s
responsibilities under subsection 243 (2).

5. Demand that a person immediately leave premises where court proceedings are
conducted and use reasonable force if necessary to remove the person,

i. if the person refuses to identify himself or herself or provide information

under paragraph 1 or refuses to submit to a search under paragraph 2,

ii. if there is reason to believe that the person poses a security risk, or

iii. for any other reason relating to the fulfilment of the police service board’s
responsibilities under subsection 243 (1) or the Commissioner’s
responsibilities under subsection 243 (2).

Arrest
(2) A person who is authorized by a police service board or by the Commissioner as
described in subsection (1) may arrest, without warrant, any person who,

(a) after being required to identify himself or herself or provide information under
paragraph 1 of subsection (1), enters or attempts to enter premises where court
248

proceedings are conducted without identifying himself or herself or providing the

information;

(b) after being directed to submit to a search under paragraph 2 of subsection (1), enters
or attempts to enter premises where court proceedings are conducted without
submitting to the search;

(c) enters or attempts to enter premises where court proceedings are conducted, after a
refusal under paragraph 4 of subsection (1); or

(d) does not immediately leave premises where court proceedings are conducted, after
being demanded to do so under paragraph 5 of subsection (1).

Reasonable force
(3) Reasonable force may be used if necessary to make the arrest.

Delivery to police officer

(4) If the person who makes the arrest is not a police officer, he or she shall promptly call
for the assistance of a police officer and give the person arrested into the custody of the police
officer.

Deemed arrest
(5) A police officer to whom the custody of a person is given under subsection (4) shall be
deemed to have arrested the person for the purposes of the provisions of the Provincial Offences
Act applying to his or her release or continued detention and his or her bail.

Accommodation
(6) When a person who is authorized by a police service board or by the Commissioner, as
described in subsection (1), exercises powers under this section with respect to other persons, he
or she shall ensure that those persons are accommodated in accordance with the Canadian
Charter of Rights and Freedoms and the Human Rights Code, and this includes accommodation
in connection with creed or disability.

Offences
245. (1) A person is guilty of an offence if,
 249

(a) after being required to identify himself or herself or provide information under
paragraph 1 of subsection 244 (1), the person enters or attempts to enter premises
where court proceedings are conducted without identifying himself or herself or
providing the information;

(b) after being directed to submit to a search under paragraph 2 of subsection 244 (1), the
person enters or attempts to enter premises where court proceedings are conducted
without submitting to the search;

(c) the person enters or attempts to enter premises where court proceedings are
conducted, after a refusal under paragraph 4 of subsection 244 (1); or

(d) the person does not immediately leave premises where court proceedings are
conducted, after being demanded to do so under paragraph 5 of subsection 244 (1).

Penalty
(2) A person who is convicted of an offence under this section is liable,

(a) in the case of a first offence, to a fine of not more than $5,000, to an imprisonment for
a term of not more than 60 days, or to both; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to
an imprisonment for a term of not more than 60 days, or to both.

Powers not affected

Judicial powers
246. (1) Nothing in this Part derogates from or replaces the power of a judge or other
judicial officer to control court proceedings.

Same
(2) Nothing in this Part affects the right of a judge or other judicial officer to have access to
premises where court proceedings are conducted.

Powers of persons providing court security

(3) Nothing in this Part derogates from or replaces any powers that a person authorized by a
police service board or by the Commissioner as described in subsection 244 (1) otherwise has
under the law.
250

Privilege preserved
247. Nothing in this Part shall operate so as to require the disclosure of information that
would be inadmissible in a court by reason of any privilege under the law of evidence, or permit
the review of documents containing such information.

PART XVI
COMMUNITY SAFETY AND WELL-BEING PLANS
PREPARATION AND ADOPTION
Municipal community safety and well-being plan
248. (1) Every municipality shall prepare and, by resolution, adopt a community safety and
well-being plan.

May be prepared individually or jointly

(2) The community safety and well-being plan may be prepared by the municipality
individually or jointly in consultation with other municipalities or band councils.

First community safety and well-being plan

(3) A municipality must prepare and adopt its first community safety and well-being plan
before the second anniversary of the day on which this section began applying to the
municipality.

Transition
(4) Every community safety and well-being plan prepared and adopted under the Police
Services Act before it was repealed shall be deemed to have been prepared and adopted under
this Act.

Same, deemed compliance

(5) The Minister may deem a community safety and well-being plan to have met all of the
requirements in section 250 if,

(a) consultations to develop the plan were completed before January 1, 2019; and

(b) in the Minister’s opinion, the consultations substantially complied with the obligations
set out in section 250.
 251

Same, time limit

(6) If a municipality was required to prepare and adopt a community safety and well-being
plan under section 143 of the Police Services Act but no plan was prepared and adopted before
that Act was repealed, the two-year period under subsection (3) shall begin on the day section
143 of the Police Services Act first began applying to the municipality.

First Nation community safety and well-being plan

249. (1) A band council of a First Nation may prepare and adopt a community safety and
well-being plan.

May be prepared individually or jointly

(2) The community safety and well-being plan may be prepared by the band council
individually or jointly in consultation with other band councils or municipalities.

Preparation of plan by municipality

250. (1) A municipality that prepares a community safety and well-being plan shall
establish an advisory committee.

Joint preparation of plan

(2) Despite subsection (1), a group of municipalities that are jointly preparing a community
safety and well-being plan shall jointly establish and consult with a single advisory committee.

Membership of committee
(3) The advisory committee must, at a minimum, consist of the following members:

1. A person who represents,

i. a local health integration network for a geographic area in which the

municipality is located, as determined under the Local Health System
Integration Act, 2006, or

ii. an entity that provides services to improve the physical or mental health of
individuals in the community or communities.

2. A person who represents an entity that provides educational services in the

municipality.
252

3. A person who represents an entity that provides community or social services in the
municipality, if there is such an entity.

4. A person who represents an entity that provides community or social services to

children or youth in the municipality, if there is such an entity.

5. A person who represents an entity that provides custodial services to children or youth
in the municipality, if there is such an entity.

6. An employee of the municipality or a member of the municipal council.

7. A person who represents the police service board or, if there is no police service
board, the commander of the detachment of the Ontario Provincial Police that
provides policing in the area or his or her delegate.

8. A chief of police of a police service that provides policing in the area or his or her
delegate.

9. Any other person prescribed by the Minister.

Single individual may meet multiple requirements

(4) A single individual may satisfy the requirements set out in multiple paragraphs of
subsection (3).

Same, joint plans

(5) If the community safety and well-being plan is prepared by a group of municipalities or
band councils,

(a) the members of the advisory committee shall be appointed by agreement of the
participating municipalities and band councils; and

(b) the provisions of this Act that apply to community safety and well-being plans apply,
with necessary modifications, to joint community safety and well-being plans.
 253

Considerations
(6) In appointing the members of the advisory committee, the municipality or municipalities
shall consider the need to ensure that advisory committee is representative of the municipality or
municipalities, having regard for the diversity of the population in the municipality or
municipalities.

Consultations
(7) In preparing a community safety and well-being plan, the municipality or municipalities
shall,

(a) consult with the advisory committee;

(b) consult with the members of the public, including youth, members of racialized
groups and of First Nation, Inuit and Métis communities, in the municipality or
municipalities and, in the case of a joint plan with a First Nation, in the First Nation
reserve;

(c) consult with community organizations, including First Nation, Inuit and Métis
organizations and community organizations that represent youth or members of
racialized groups, in the municipality or municipalities and, in the case of a joint plan
with a First Nation, in the First Nation reserve; and

(d) comply with any consultation requirements that may be prescribed by the Minister.

Use of information
(8) In preparing a community safety and well-being plan, the municipality or municipalities
shall consider available information related to crime, victimization, addiction, drug overdose,
suicide and any other risk factors prescribed by the Minister, including statistical information
from Statistics Canada or other sources, in addition to the information obtained through its
consultations.

Other prescribed requirements

(9) The municipality or municipalities shall meet the requirements prescribed by the
Minister, if any, in preparing their community safety and well-being plan.
254

Transition
(10) A community safety and well-being plan that was adopted in accordance with this
section, as it read at the time, continues to be valid despite any intervening changes to this
section.

Content of community safety and well-being plan

251. A community safety and well-being plan shall,

(a) identify risk factors in the municipality or First Nation, including, without limitation,
systemic discrimination and other social factors that contribute to crime,
victimization, addiction, drug overdose and suicide and any other risk factors
prescribed by the Minister;

(b) identify which risk factors the municipality or First Nation will treat as a priority to
reduce;

(c) identify strategies to reduce the prioritized risk factors, including providing new
services, changing existing services, improving the integration of existing services or
coordinating existing services in a different way;

(d) set out measurable outcomes that the strategies are intended to produce;

(e) address any other issues that may be prescribed by the Minister; and

(f) contain any other information that may be prescribed by the Minister.

Publication of community safety and well-being plan

252. A municipality that has adopted a community safety and well-being plan shall publish
it on the Internet in accordance with the regulations made by the Minister, if any.

Implementation of community safety and well-being plan

253. A municipality that has adopted a community safety and well-being plan shall take any
actions that the plan requires it to take and shall encourage and assist other entities to take any
actions the plan requires those entities to take.
 255

REPORTING AND REVISION

Monitoring, evaluating and reporting

254. (1) A municipality that has adopted a community safety and well-being plan shall, in
accordance with the regulations made by the Minister, if any, monitor, evaluate and report on
the effect the plan is having, if any, on reducing the prioritized risk factors.

Publication
(2) The reports referred to in subsection (1) shall be published on the Internet in accordance
with the regulations made by the Minister, if any.

Revision by municipality
255. (1) A municipality that has adopted a community safety and well-being plan shall
review and, if appropriate, revise the plan within the period prescribed by the Minister.

Revision by band council

(2) A band council that has adopted a community safety and well-being plan may review
and, if appropriate, revise the plan within the period prescribed by the Minister.

Process for revision

(3) Sections 250 to 252 apply, with necessary modifications, to the revision of a community
safety and well-being plan.

MISCELLANEOUS
Information to Minister
256. (1) Every municipality shall provide the Minister with any information prescribed by
the Minister respecting,

(a) the municipality’s community safety and well-being plan, including the preparation,
adoption or implementation of the plan;

(b) any outcomes from the municipality’s community safety and well-being plan; and

(c) any other matter prescribed by the Minister related to the community safety and well-
being plan.
256

Time to comply
(2) The municipality shall provide the information within the period prescribed by the
Minister.

No personal information
(3) Personal information cannot be prescribed for the purposes of this section.

Community safety and well-being planner

257. (1) The Minister may appoint a person as a community safety and well-being planner
for a municipality if, in the Minister’s opinion, the municipality has intentionally and repeatedly
failed to comply with one of its obligations under this Part, other than section 253.

Notice of appointment
(2) The Minister shall give the municipality at least 30 days’ notice before appointing the
community safety and well-being planner.

Term of office
(3) The appointment of a community safety and well-being planner is valid until terminated
by order of the Minister.

Powers of planner
(4) Unless the appointment provides otherwise, a community safety and well-being planner
has the right to exercise any powers of the municipality that are necessary to prepare a
community safety and well-being plan that the municipality could adopt.

Same
(5) The Minister may specify the powers and duties of a community safety and well-being
planner appointed under this section and the terms and conditions governing those powers and
duties.

Right of access
(6) A community safety and well-being planner appointed for a municipality has the same
rights as the municipal council in respect of the documents, records and information of the
municipality.
 257

Minister’s directions
(7) The Minister may issue directions to a community safety and well-being planner with
regard to any matter within the jurisdiction of the planner.

Directions to be followed
(8) A community safety and well-being planner shall carry out every direction of the
Minister.

Report to Minister
(9) A community safety and well-being planner shall report to the Minister as required by
the Minister.

Municipality to pay costs

(10) The municipality shall pay the community safety and well-being planner’s
remuneration and expenses as set out in the regulations made by the Minister.

PART XVII
REGULATIONS AND MISCELLANEOUS

Property in possession of police service

258. (1) This section applies to personal property of all kinds, except firearms and money,
that comes into the possession of a police service under either of the following circumstances:

1. The property was stolen from its owner or was found abandoned in a public place and
the chief of police is unable to determine who owns it.

2. The property was seized by a member of the police service in the lawful execution of
his or her duties, all legal proceedings in respect of the property have been completed,
there is no court order for its disposition and there is no legal requirement, apart from
this section, that it be retained or disposed of.

Sale
(2) The chief of police may cause the property to be sold and the police service board may
use the proceeds for any purpose that it considers in the public interest.
258

Perishable property
(3) If the property is perishable, it may be sold at any time without notice.

Non-perishable property
(4) If the property is not perishable, the following rules apply to its sale:

1. The property may be sold when it has been in the possession of the police service for
at least one month in the case of a motor vehicle as defined in the Highway Traffic Act
or a bicycle, or for at least three months in the case of other property.

2. The sale shall be by public auction or by public tender.

3. At least 10 days’ notice of the time and place of the public auction shall be given by
publication in a newspaper of general circulation in the municipality.

4. The sale may be adjourned, repeatedly if necessary, until the property is sold.

Claim of owner of property

(5) If a motor vehicle, bicycle or other property has been sold before it has been in the
possession of the police service for three months and if the owner makes a claim before that
time, the owner is entitled to receive the proceeds, less the costs of storage, advertising and sale.

Register of property
(6) The chief of police shall keep a register of property and ensure that the following rules
are followed:

1. The description and location of every item of property shall be recorded.

2. If the property is sold, full particulars shall be recorded.

3. If the property is returned to its owner, his or her name, address and telephone number
shall be recorded.
 259

Exception
(7) This section does not apply to a motor vehicle that is impounded under section 220 of
the Highway Traffic Act.

Money
259. (1) This section applies to money that comes into the possession of a police service
under the circumstances described in paragraph 1 or 2 of subsection 258 (1).

Accounting
(2) The money shall be accounted for according to the method prescribed by the Minister.

Use of money
(3) If three months have elapsed after the day the money came into the possession of the
police service and the owner has not claimed it, the police service board may use it for any
purpose that it considers in the public interest.

Firearms
260. (1) This section applies to firearms that are in the possession of a police service
because they have been found, turned in or seized.

Safe-keeping, return to owner

(2) The chief of police shall ensure that firearms are securely stored and that they are
returned to their owners if there is a court order or other legal requirement to that effect.

Destruction
(3) If all possible court proceedings relating to a firearm have been completed or the time
for them has expired and there is no court order or other legal requirement governing how the
firearm is to be dealt with, the chief of police shall ensure that it is destroyed promptly, unless
subsection (4) applies.

Firearm of special interest

(4) If the chief of police considers the firearm unique, an antique or of educational or
historical value, he or she shall notify the Director of the Centre of Forensic Sciences.

Same
(5) If the Director indicates, within three months of receiving notice, that the firearm is
required for the Centre’s collection, the chief of police shall ensure that it is transferred there.
260

Same
(6) If the Director indicates that the firearm is not required for the Centre’s collection or
fails to respond within three months of receiving notice, the chief of police shall ensure that the
firearm is destroyed promptly.

Disposal otherwise than by destruction

(7) The chief of police may dispose of a firearm to which subsection (6) applies otherwise
than by having it destroyed if he or she first obtains the Minister’s approval of the method of
disposal.

Register of firearms
(8) The chief of police shall keep a register of firearms and ensure that the following rules
are followed:

1. Every firearm’s description and location shall be recorded.

2. When a firearm ceases to be in the possession of the police service board or of a

member of the police service, full particulars shall be recorded, including the name of
the person who disposed of it and the date and method of disposal.

3. If the firearm is returned to its owner, his or her name, address and telephone number
shall also be recorded.

Statement
(9) Every chief of police shall, in accordance with the regulations made by the Minister,
provide the following information to the Minister:

1. A list of the firearms that have come into the possession of the police service during
the preceding calendar year.

2. A list of which firearms are still being retained and which have been disposed of,
along with the particulars of that disposal.

3. Any other information prescribed by the Minister.

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Regulations
Lieutenant Governor in Council
261. (1) The Lieutenant Governor in Council may make regulations,

1. respecting anything that, in this Act, may or must be prescribed or done by regulation,
other than by the Minister;

2. prescribing policing standards, including the policing standards that must be met in
providing adequate and effective policing;

3. governing the provision of policing functions, including,

i. prescribing policing functions in respect of which a police service board or

the Commissioner may enter into an agreement under subsection 14 (1) or (2),

ii. prescribing entities that may provide policing functions pursuant to an

agreement under section 14 and specifying the policing functions they may
provide,

iii. prohibiting the provision of a policing function by persons who are not peace
officers,

iv. prohibiting the provision of a policing function by persons who are not police
officers,

v. prescribing requirements that a police service board or the Commissioner

shall comply with in relation to entering into an agreement under section 14,

vi. prescribing additional matters an agreement under section 14 must address;

4. prescribing codes of conduct and governing their application;

5. prescribing entities as prescribed policing providers, specifying the policing functions

they will be responsible for providing, specifying the area in which they will provide
262

the policing functions and specifying whether a police service board, or the
Commissioner, may continue to provide those policing functions in the area;

6. respecting the governance, operation and administration of police services;

7. authorizing a chief of police to decline to provide information under section 4, 40 or

104 or authorizing the Commissioner to decline to provide information under section
62, and prescribing the circumstances in which the information may be declined;

8. specifying requirements, restrictions or prohibitions with respect to the collection, use

or disclosure of any class of personal information by the Minister or the Inspector
General in addition to the requirements, restrictions or prohibitions set out in this Act;

9. clarifying or specifying when a person is assisting members of a police service while

acting under their direction for the purposes of sections 13 and 14;

10. clarifying or defining “special circumstances” for the purposes of section 16 or

subsection 91 (6);

11. governing the process for obtaining the Minister’s approval under section 22;

12. clarifying or modifying the application of this Act with respect to,

i. a police service board that has been jointly constituted under section 23 or 24,

ii. a First Nation Board that has been jointly requested under section 32,

iii. a First Nation O.P.P. board that has been jointly requested under section 77,
or

iv. a community safety and well-being plan that is prepared jointly under Part
XVI;
 263

13. governing the process for requesting that the Minister constitute a First Nation board
or First Nation O.P.P. board and prescribing the matters the Minister must consider,
including the weight the Minister must assign to prescribed matters;

14. establishing standards for appointments by the Lieutenant Governor in Council of

members of municipal boards, which may include minimum standards in relation to
representation on the boards by underrepresented groups;

15. governing recommendations by the Minister to the Lieutenant Governor in Council

regarding appointments to police service boards under section 33;

16. governing strategic plans and local action plans, including,

i. the preparation, review and revision of the plans, and

ii. the content of the plans;

17. governing annual reviews of the Commissioner;

18. governing payments for policing provided by the Commissioner under section 64 to
municipalities, including the cost of any necessary equipment and facilities, and,

i. governing the determination of the amounts payable, which may require

municipalities to pay more for the services they have received or less for the
services they have received based on their financial capacity,

ii. governing the payment of those amounts, including providing for the
calculation and payment of interest and penalties,

iii. governing the collection of those amounts, including providing for payment
credits and refunds for overpayments, and

iv. for the purposes described in subparagraphs i, ii and iii, establishing different
requirements for different classes of territories;
264

19. governing payments for policing provided by the Commissioner to territories without
municipal organization, including the cost of any necessary equipment and facilities,
and,

i. governing the determination of the amounts payable for those services, which
may be based on financial capacity,

ii. governing the payment of those amounts, including providing for the
calculation and payment of interest and penalties,

iii. governing the collection of those amounts, including providing for payment
credits and refunds for overpayments, or providing that all or part of those
amounts may be collected under the Provincial Land Tax Act, 2006 as if they
were taxes imposed under that Act, and

iv. for the purposes described in subparagraphs i, ii and iii, establishing different
requirements for different classes of territories;

20. governing the composition of O.P.P. detachment boards, including the number of
members of a board, eligibility for appointment to the board and the mechanism for
appointing members of the board;

21. governing the term of office, remuneration and expenses of members of O.P.P.
detachment boards;

22. permitting more than one O.P.P. detachment board to advise the same detachment of
the Ontario Provincial Police and establishing the rules that apply when two or more
O.P.P. detachment boards advise the same detachment commander;

23. governing the participation of O.P.P. detachment boards and First Nation O.P.P.
boards in the selection of the detachment commander;

24. governing the estimates prepared by an O.P.P. detachment board under section 71,
including establishing the rules for calculating a municipality’s share of the costs,
which may require municipalities to pay more for the services they have received or
less for the services they have received based on their financial capacity;
 265

25. governing the composition of the Advisory Council;

26. governing the indemnification of any official, as that term is defined in the Special
Investigations Unit Act, 2019, for reasonable legal expenses incurred in respect of a
Special Investigations Unit investigation, including specifying which person or entity
shall provide the indemnification;

27. prescribing the nature of the information that may be disclosed under subsection 80
(1) by a chief of police or a person designated by a chief of police, to whom it may be
disclosed and the circumstances in which it may be disclosed;

28. establishing standards that must be met and procedures that must be followed in
assessing whether an individual is physically and mentally able to perform the duties
of a police officer or a special constable for the purposes of this Act;

29. clarifying the meaning of the requirement to be of good character to be appointed as a

police officer or special constable;

30. prescribing certificates or other documents that are equivalent to a degree or diploma
described in subclause 83 (1) (f) (iii), including by prescribing characteristics of a
document or certificate-granting program that make the certificate or other document
equivalent to such a degree or diploma;

31. defining or clarifying “political activity” for the purposes of section 86 and specifying
the political activities in which a police officer who is a member of a police service
maintained by a police service board is permitted to engage;

32. establishing ranks for a police service;

33. governing qualifications for the appointment of persons as police officers and
governing qualifications for positions in a police service, including qualifications for
specified ranks;

34. governing the conduct and duties of members of police services and special
constables;
266

35. describing the circumstances under which members of police services or special
constables are permitted or are not permitted to pursue persons by means of motor
vehicles, and prescribing procedures that shall be followed when a person is pursued
in that manner;

36. governing the suspension and termination of members of police services other than
police officers;

37. governing the use of any equipment by a police service or any of its members, a
special constable employer or a special constable, including regulating or prohibiting
the use of firearms and other weapons;

38. governing the conduct of hearings under section 88, including prescribing regular
procedures or rules and expedited procedures or rules for them;

39. governing the use of data standards, electronic systems and processes, information
technology and communication technology by a police service or any of its members,
a special constable employer or a special constable;

40. governing the use of force by members of police services and special constables and
governing reports on the use of force;

41. governing the appointment of auxiliary members of a police service, including

prescribing conditions or restrictions on the appointments;

42. clarifying or modifying the application of this Act with respect to members of a police
service who take a leave of absence or who are on secondment;

43. prescribing the purposes that may be specified in an appointment of a special

constable and specifying any terms or conditions that apply to a special constable
appointed for such a purpose;

44. prescribing educational criteria that must be satisfied in order for a special constable
to be appointed for a specified purpose;
 267

45. governing the powers of a police officer that may be conferred on a special constable
and governing the exercise of those police powers;

46. governing the suspension and termination of the appointment of special constables;

47. governing the process with respect to complaints to the Inspector General;

48. governing the requirements to provide notice under Parts VII (Inspector General of
Policing) and XII (Discipline and Termination), including prescribing the required
contents of the notice and prescribing the circumstances in which notice is deemed to
have been given;

49. establishing and governing rules for police service boards or the Minister to charge for
the cost of investigations referred to a chief of police or the Commissioner by the
Inspector General;

50. governing notice and reports by the Inspector General under section 123, including,

i. prescribing the period within which the Inspector General must provide the
notice,

ii. prescribing circumstances in which the Inspector General shall not provide or
publish a report,

iii. prescribing information that shall not be included in the report, and

iv. governing the publication of the report;

51. governing the publication of directions issued under section 125 or reports under
section 126, including,

i. prescribing the period within which the Inspector General must publish the
direction or report,
268

ii. prescribing circumstances in which the Inspector General shall not publish a
direction or report,

iii. prescribing information that shall not be included in the published direction or
report, and

iv. governing the manner of publication of the direction or report;

52. governing the duties that an administrator appointed under Part VII must perform;

53. governing the provision of personal information under subsection 143 (7), including
limiting the personal information that is to be provided under that subsection;

54. governing the composition of the Ontario Police Arbitration and Adjudication
Commission;

55. governing the registers of arbitrators and the roster of adjudicators that the Arbitration
and Adjudication Commission is required to establish and maintain;

56. governing committees of the Arbitration and Adjudication Commission, including

governing the names, composition, responsibilities, powers, duties and quorums of the
committees;

57. governing the conduct of arbitrations under this Act, including,

i. prescribing procedures for them, and

ii. in the case of arbitrations other than those conducted under section 227 or
229,

A. excluding or modifying the application of any provision of the

Arbitration Act, 1991,
 269

B. governing the orders that an arbitrator may make in his or her

decision,

C. prescribing rules for the payment of the arbitrator’s remuneration

and expenses, and

D. providing for appeals from the arbitration;

58. governing the conduct of adjudication hearings under this Act, including,

i. prescribing regular procedures or rules and expedited procedures or rules for

the conduct of adjudication hearings,

ii. prescribing timelines for the conduct of adjudication hearings, and

iii. establishing sentencing guidelines containing considerations that adjudicators

must consider when determining whether to impose a disciplinary measure;

59. governing procedures, conditions or requirements for the investigation of complaints

under Part X;

60. governing the continuation of a complaint or resumption of an investigation in the

circumstances described in subsection 170 (3);

61. governing the use of information obtained in an investigation or hearing under Part
XII (Discipline and Termination), including restricting or prohibiting its use;

62. governing the continuation of investigations or disciplinary processes under section

206;

63. governing the exercise of discretion to expunge a record under section 207;
270

64. governing the responsibilities set out in subsection 243 (1), including governing the
determination of appropriate levels of security, under paragraph 4 of subsection 243
(1), for premises where court proceedings are conducted;

65. governing the exercise of the powers conferred by section 244, including,

i. imposing restrictions, limitations and conditions on the exercise of those

powers, and

ii. establishing requirements for the purpose of safeguarding the rights and
freedoms guaranteed by the Canadian Charter of Rights and Freedoms and
the Human Rights Code, including requirements that provide for the
accommodation of persons in connection with creed or disability;

66. governing the requirement to provide an opportunity to respond in any provision of

this Act, including prescribing requirements for any notice that must be provided and
prescribing the minimum period of time that must be provided to satisfy the
obligation;

67. authorizing the production of records in the custody of a police service that are
required for the purpose of a civil proceeding to which the police service board that
maintains the police service or, in relation to the Ontario Provincial Police, Her
Majesty the Queen in right of Ontario is not a party, including,

i. governing the process for obtaining such records, and

ii. prescribing fees for obtaining the records;

68. clarifying or defining any of the following terms for the purposes of this Act:

i. “Bad faith”.

ii. “Conduct of specific operations”.

iii. “Criminal offence”.

 271

iv. “Discipline of specific police officers”.

v. “Firearm”.

vi. “For cause”.

vii. “Frivolous or vexatious”.

viii. “Leave of absence”.

ix. “Lock-up”.

x. “Plan for attrition”.

xi. “Routine administration”.

xii. “Specialized policing function”.

xiii. “Specific investigations”.

xiv. “Term of imprisonment”.

xv. “Youth”.

69. modifying the application of the Police Services Act, as it read immediately before its
repeal, to complaints and matters described in section 216;

70. governing transitional matters that may arise due to the enactment of this Act or the
amendments made by Schedule 2, 3 or 4 to the Comprehensive Ontario Police
Services Act, 2019;
272

71. governing the delivery of policing in an area that is subject to the jurisdiction of an
Indigenous entity that is not a First Nation, including, without limitation,

i. identifying the Indigenous entity,

ii. constituting a police service board to have policing responsibility for the area
and governing its composition, name, appointments to it and the term of
office of members of it,

iii. modifying the application of any provision of this Act or the regulations to
enable the police service board to provide policing in the area,

iv. modifying the application of any provision of this Act or the regulations to
enable the constitution of a board similar to a First Nation O.P.P. board and to
enable that board to discharge the powers, duties and functions of a First
Nation O.P.P. board in relation to the Indigenous entity, and

v. modifying the application of any provision of this Act or the regulations to

apply to the Indigenous entity and the area subject to its jurisdiction;

72. respecting any matter that is necessary or advisable to implement this Act effectively.

Minister
(2) The Minister may make regulations,

1. respecting anything that, in this Act, may or must be prescribed by the Minister or
done by regulation made by the Minister;

2. governing training and prescribing additional training requirements, including training

approved by the Minister respecting additional prescribed matters, in relation to
members of police service boards, O.P.P. detachment boards, First Nation O.P.P.
boards and the Advisory Council, the Inspector General, inspectors under this Act, the
Complaints Director and investigators under this Act;

3. governing the provision of information under subsection 4 (1) or 104 (1), including
prescribing,
 273

i. the information that must be provided,

ii. the manner in which the information must be provided, which may include
requiring information to be automatically provided electronically to the
Ministry or Inspector General, and

iii. the frequency with which the information must be provided;

4. prescribing a unit of the Ministry to collect and use personal information under
subsection 5 (1) on the Minister’s behalf;

5. governing extra policing costs under section 18, including clarifying the application of
that section and defining any term used in that section;

6. governing reports on the implementation of diversity plans under subsection 28 (4),

including specifying the required contents of the reports;

7. governing transitional matters that may arise due to the enactment, amendment or
revocation of a regulation made under section 32 or 77;

8. governing the procedure for providing notice and receiving comments on a proposed
amendment to, or revocation of, a regulation made under section 32 or 77;

9. specifying the person or entity who shall remunerate members of a municipal board
who are appointed by the Lieutenant Governor in Council or the Minister and
governing their remuneration and expenses;

10. governing annual reviews of chiefs of police other than the Commissioner;

11. establishing and governing requirements with respect to the provision of notice to the
public for meetings of police service boards or of the Advisory Council;
274

12. governing the publication of policies under section 38 or of local policies under
section 69, including,

i. prescribing the period within which the policies must be published,

ii. prescribing policies that shall not be published,

iii. prescribing information that shall not be included in the published policies,
and

iv. governing the manner of publication of the policies;

13. establishing the procedures to be followed by police service boards, O.P.P.

detachment boards or First Nation O.P.P. boards, or committees of a board, and the
places at which their meetings shall be held;

14. governing the publication of directions under section 40, including,

i. prescribing the period within which the directions must be published,

ii. prescribing directions that shall not be published,

iii. prescribing information that shall not be included in the published directions,
and

iv. governing the manner of publication of the directions;

15. defining “meeting” for the purposes of sections 43, 44, 74 and 75;

16. governing reports made by a chief of police under section 81 or 215 and reports on
community safety and well-being plans, including specifying to whom the report shall
be made and specifying the required contents of the reports;
 275

17. governing fees that police service boards, the Commissioner and prescribed policing
providers may charge for the provision of policing or other services, including,

i. prescribing the amount of a fee for the provision of a policing function or

service,

ii. prescribing the minimum or maximum amount that may be charged for the
provision of a policing function or service, or

iii. prescribing that no fee may be charged for the provision of a policing function
or service;

18. governing training for police officers and special constables, including,

i. prescribing the training described in subclauses 83 (1) (e) (i) and 92 (1) (f) (i),

ii. exempting persons from having to complete the training referred to in

subparagraph i to be appointed as a police officer or special constable, subject
to the conditions, if any, that may be specified,

iii. prescribing training that police officers or special constables are required to
complete and any period within which it must be completed, and

iv. prescribing additional training requirements, including training approved by

the Minister respecting additional prescribed matters;

19. prescribing the form of any certificate of appointment issued under this Act;

20. prescribing the minimum salary or other remuneration and allowances to be paid to a
member of a police service maintained by a police service board;

21. prescribing standards of dress for police officers and special constables on duty and
prescribing requirements respecting their uniforms;
276

22. clarifying the requirement in subsection 91 (5) for an auxiliary member of a police
service to be “accompanied or supervised” by a police officer, including prescribing
the required level of accompaniment or supervision;

23. governing the ability of a chief of police to authorize an auxiliary member of the
police service to possess or use firearms in the course of his or her duties;

24. prescribing the records, returns, books and accounts to be kept by police service
boards and their members and by special constable employers;

25. prescribing the method of accounting for fees and costs that come into the hands of
members of police services and special constables;

26. governing the requirements and qualifications for appointment as an inspector under
section 111;

27. governing the requirements and qualifications for appointment as an investigator

under section 136;

28. establishing classes of investigators appointed under section 136 and setting out
requirements and qualifications for each class;

29. establishing and governing rules for the Arbitration and Adjudication Commission to
charge police service boards for the cost of holding an adjudication hearing;

30. governing the publication of summaries of determinations by the Complaints Director

under subsection 167 (2), including requiring that summaries be published within a
specified time or period and, subject to the requirement in that subsection that
summaries be de-identified, respecting information that summaries must contain;

31. clarifying or defining any term used in subsection 250 (3);

32. prescribing persons who must be on an advisory committee under subsection 250 (3),
which may include prescribing different persons for different municipalities;
 277

33. governing consultations with respect to community safety and well-being plans,
including consultations with the advisory committee, and prescribing any consultation
requirements;

34. governing additional requirements that must be met by a municipality or band council
in preparing a community safety and well-being plan;

35. governing the contents of community safety and well-being plans, including,

i. prescribing any issues or information that the plan must address or contain,
and

ii. prescribing any risk factors that the plan must identify;

36. governing the monitoring and evaluation of community safety and well-being plans;

37. prescribing and governing the remuneration and expenses to be paid to a community
safety and well-being planner by a municipality.

Conflict
(3) In the event of a conflict between a regulation made under paragraph 59 of subsection
(1) and a procedural rule made under section 134, the regulation prevails to the extent of the
conflict.

Fees, conflict
(4) In the event of a conflict, a regulation made under paragraph 17 of subsection (2)
prevails over a by-law made by a police service board or prescribed policing provider.

Rolling incorporation by reference

(5) A regulation made under paragraph 2, 37 or 39 of subsection (1) or paragraph 2 or 18 of
subsection (2) that incorporates another document by reference may provide that the reference to
the document includes amendments made to the document from time to time after the regulation
is made.
278

Forms
(6) The Minister may approve forms for the purposes of this Act and provide for or require
their use.

Transitional regulation
(7) A regulation made under paragraph 70 of subsection (1) may, without limiting the
generality of that paragraph,

(a) dissolve the Ontario Civilian Police Commission and provide for any transitional
matters relating to the dissolution;

(b) transfer records related to policing and establish rules with respect to the transfer;

(c) require an entity to postpone or delay hearings or require matters to be dealt with by a
new body under this Act,

(d) amend or rescind an agreement made under section 10 of the Police Services Act
before its repeal;

(e) dissolve a board that performed functions under section 10 of the Police Services Act
before its repeal; and

(f) govern the determination of any outstanding amounts in relation to an agreement

made under section 10 of the Police Services Act before its repeal and provide for
payment of those outstanding amounts or for the repayment or crediting of any
overpayments.

Same
(8) Any transfer of records containing personal information that is required by a regulation
made under paragraph 70 of subsection (1) is deemed to be in compliance with section 38 and
clause 42 (1) (c) of the Freedom of Information and Protection of Privacy Act.

Public consultation before making L.G. in C. regulations

262. (1) The Lieutenant Governor in Council shall not make any regulation under
subsection 261 (1) unless,
 279

(a) the Minister has published a notice of the proposed regulation on a website of the
Government of Ontario and given the notice by any other means that the Minister
considers appropriate;

(b) the notice complies with the requirements of this section;

(c) the time period specified in the notice, during which members of the public may
exercise a right described in clause (2) (b), has expired;

(d) the Minister has considered whatever comments and submissions members of the
public have made on the proposed regulation in accordance with clause (2) (b); and

(e) the Minister has reported to the Lieutenant Governor in Council on what, if any,
changes to the proposed regulation the Minister considers appropriate.

Contents of notice
(2) The notice referred to in clause (1) (a) shall contain,

(a) a description of the proposed regulation;

(b) a statement of the time period during which members of the public may submit
written comments on the proposed regulation to the Minister and the manner in which
the comments must be submitted;

(c) a statement of where and when members of the public may review written information
about the proposed regulation;

(d) the publication date of the notice; and

(e) any other information that the Minister considers appropriate.

Time period for comments

(3) The time period referred to in clause (2) (b) shall be at least 45 days after the Minister
publishes the notice referred to in clause (1) (a), unless the Minister shortens the time period in
accordance with subsection (4).
280

Shorter time period for comments

(4) The Minister may shorten a time period if, in the Minister’s opinion,

(a) the urgency of the situation requires it;

(b) the proposed regulation clarifies the intent or operation of this Act or the regulations;

(c) the proposed regulation will be made under paragraph 70 of subsection 261 (1); or

(d) the proposed regulation is of a minor or technical nature.

Discretion to make regulations

(5) On receiving the Minister’s report referred to in clause (1) (e), the Lieutenant Governor
in Council, without further notice under subsection (1), may make the proposed regulations with
any changes the Lieutenant Governor in Council considers appropriate, whether or not those
changes are mentioned in the Minister’s report.

No public consultation
(6) The Minister may decide that this section should not apply to the power of the
Lieutenant Governor in Council to make a regulation under subsection 261 (1) if, in the
Minister’s opinion, any of the circumstances set out in subsection (4) apply.

Same
(7) If the Minister decides that this section should not apply to the power of the Lieutenant
Governor in Council to make a regulation under subsection 261 (1),

(a) this section does not apply to the power of the Lieutenant Governor in Council to
make the regulation; and

(b) the Minister shall give notice of the decision to the public as soon as is reasonably
possible after making the decision.
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Publication of notice
(8) The Minister shall publish the notice referred to in clause (7) (b) on a website of the
Government of Ontario and give the notice by any other means that the Minister considers
appropriate.

Contents of notice
(9) The notice referred to in clause (7) (b) shall include a statement of the Minister’s reasons
for making the decision, the publication date of the notice and any other information the
Minister considers appropriate.

No review
(10) Subject to subsection (11), a court shall not review any action, decision, failure to take
action or failure to make a decision by the Minister or the Lieutenant Governor in Council under
this section.

Exception
(11) Any person resident in Ontario may make an application for judicial review under the
Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by
subsections (1) to (9) of this section.

Time for application

(12) No person shall make an application under subsection (11) with respect to a regulation
later than 21 days after the Minister publishes a notice on a website of the Government of
Ontario with respect to the regulation.

Crown bound
263. This Act binds the Crown in right of Ontario.

PART XVIII
SELF-AMENDMENTS
Self-amendments
264. (1) Section 5 of this Act is amended by adding the following subsection:

Prescribed unit
(13) If a unit of the Ministry is prescribed for the purposes of section 5 of the Correctional
Services and Reintegration Act, 2018, the same unit must be prescribed for the purposes of this
section.
282

(2) Subsection 240 (1) of this Act is amended by striking out “Superintendent of
Financial Services” at the end and substituting “Chief Executive Officer appointed under
subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016”.

PART XIX
COMMENCEMENT AND SHORT TITLE
Commencement
265. (1) Subject to subsection (2), the Act set out in this Schedule comes into force on a
day to be named by proclamation of the Lieutenant Governor.

(2) Section 100 comes into force two years after the day subsection 92 (1) comes into
force.

Short title
266. The short title of the Act set out in this Schedule is the Community Safety and
Policing Act, 2019.
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SCHEDULE 2
POLICE SERVICES ACT
1. Subsection 2 (2) of the Police Services Act is amended by adding “or subsection 2 (1)
of the Cannabis Act (Police Enforcement) Regulations (Canada)” after “section 2 of the
Controlled Drugs and Substances Act (Police Enforcement) Regulations (Canada)” in the
portion before clause (a).

2. Section 135 of the Act is amended by adding the following paragraph:

27.7 governing transitional matters that may arise due to the amendments to this Act made
by the Comprehensive Ontario Police Services Act, 2019;

3. Section 143 of the Act is amended by adding the following subsection:

Transition, deemed compliance

(4) The Minister may deem a community safety and well-being plan to have met all of the
requirements set out in section 145 if,

(a) consultations to develop the plan were completed before January 1, 2019; and

(b) in the Minister’s opinion, the consultations substantially complied with the obligations
set out in section 145.

4. (1) Subsection 145 (3) of the Act is amended by striking out “Subject to the
regulations” at the beginning of the portion before paragraph 1.

(2) Subsection 145 (3) of the Act is amended by adding the following paragraph:

7.1 A chief of police of a police force that provides police services in the area or his or
her delegate.

(3) Section 145 of the Act is amended by adding the following subsections:
284

Single individual may meet multiple requirements

(3.1) A single individual may satisfy the requirements set out in multiple paragraphs of
subsection (3).

. . . . .

Transition
(9) A community safety and well-being plan that was adopted in accordance with this
section, as it read at the time, continues to be valid despite any intervening changes to this
section.

5. (1) Subsection 149 (1) of the Act is amended by striking out “in accordance with the
regulations, monitor” and substituting “in accordance with the regulations, if any,
monitor”.

(2) Subsection 149 (2) of the Act is repealed and the following substituted:

Publication
(2) The reports referred to in subsection (1) shall be published on the Internet in accordance
with the regulations, if any.

Commencement
6. This Schedule comes into force on the day the Comprehensive Ontario Police Services
Act, 2019 receives Royal Assent.
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SCHEDULE 3
COMPLEMENTARY REPEALS
Ontario Policing Discipline Tribunal Act, 2018
1. The Ontario Policing Discipline Tribunal Act, 2018 is repealed.

Police Services Act

2. The Police Services Act is repealed.

Police Services Act, 2018

3. The Police Services Act, 2018 is repealed.

Policing Oversight Act, 2018

4. The Policing Oversight Act, 2018 is repealed.

Safer Ontario Act, 2018

5. Schedule 5 to the Safer Ontario Act, 2018 is repealed.

Commencement
6. (1) Subject to subsection (2), this Schedule comes into force on the day the
Comprehensive Ontario Police Services Act, 2019 receives Royal Assent.

(2) Section 2 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
286

SCHEDULE 4
CONSEQUENTIAL AMENDMENTS
Ambulance Services Collective Bargaining Act, 2001
1. (1) The English version of clause (c) of the definition of “essential ambulance
services” in subsection 1 (1) of the Ambulance Services Collective Bargaining Act, 2001 is
amended by striking out “police services” and substituting “policing”.

(2) The English version of the definition of “integrated dispatching services” in

subsection 1 (1) of the Act is amended by striking out “police services” and substituting
“policing”.

Animal Health Act, 2009

2. (1) Subsection 19 (11) of the Animal Health Act, 2009 is amended by striking out
“the Ontario Provincial Police Force or the police force” wherever it appears and
substituting in each case “the police service”.

(2) Subsection 30 (8) of the Act is amended by striking out “the Ontario Provincial
Police Force or the police force” wherever it appears and substituting in each case “the
police service”.

Change of Name Act

3. (1) Subsection 6 (9) of the Change of Name Act is amended by striking out “an
employee of an Ontario police force” and substituting “a member of a police service”.

(2) Subsection 6 (11) of the Act is amended by striking out “An employee of a police
force” at the beginning and substituting “A member of a police service”.

(3) Subsection 8 (1.2) of the Act is amended by striking out “police force” and
substituting “police service”.

(4) Subsection 10 (7) of the Act is amended by striking out “police force” and
substituting “police service”.

Child, Youth and Family Services Act, 2017

4. Section 335 of the Child, Youth and Family Services Act, 2017 is amended by striking
out “police force” and substituting “police service”.
 287

Children’s Law Reform Act

5. (1) Subsection 36 (2) of the Children’s Law Reform Act is amended by striking out
“police force” in the portion after clause (c) and substituting “police service”.

(2) Subsection 36 (4) of the Act is amended by striking out “police force” and
substituting “police service”.

(3) Subsection 36 (5) of the Act is amended by striking out “police force” and
substituting “police service”.

Christopher’s Law (Sex Offender Registry), 2000

6. (1) The preamble to Christopher’s Law (Sex Offender Registry), 2000 is amended by
striking out “police forces” wherever it appears and substituting in each case “police
services”.

(2) The definition of “police force” in subsection 1 (1) of the Act is repealed and the
following substituted:

“police service” means a police service as defined under the Community Safety and Policing
Act, 2019; (“service de police”)

(3) Subsection 1 (2) of the Act is repealed and the following substituted:

First Nation policing

(2) Where an offender resides in an area where policing is provided by First Nation
Officers, references in this Act to a police service shall be read as references to the First Nation
Officers who provide policing, with necessary modifications, and references to a police officer
in this Act shall be read as references to a First Nation Officer.

(4) Subsection 3 (1) of the Act is amended by striking out the portion before clause (a)
and substituting the following:

Offender required to report in person

(1) Every offender who is resident in Ontario shall present himself or herself at a designated
bureau, police station or detachment of the police service that provides policing where he or she
resides or at another place in the area where the police service provides policing designated by
that police service,
288

. . . . .

(5) Clause 3 (1) (f) of the Act is amended by striking out “police force” and substituting
“police service”.

(6) Clause 3 (1) (g) of the Act is amended by striking out “police force” and
substituting “police service”.

(7) Subsection 3 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

(8) Subsection 3 (3) of the Act is repealed and the following substituted:

Designated places, times, days

(3) Every police service shall designate one or more bureaus, police stations, detachments or
other places in the area where the police service provides policing at which offenders may
present themselves for the purposes of subsection (1), subsection 7 (2) and subsection 9 (1), and
may also designate the days and times when offenders may present themselves for those
purposes.

(9) Subsection 3 (4) of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(10) Section 4 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.

(11) Subsection 5 (1) of the Act is amended by striking out “police force” and
substituting “police service”.

(12) Section 6 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.

(13) Subsection 7 (2) of the Act is amended by striking out the portion before clause (a)
and substituting the following:
 289

Reporting requirement in abeyance while in custody

(2) An offender who is resident in Ontario is not required to comply with section 3 while he
or she is serving the custodial portion of a sentence for any offence or is detained in custody in
hospital as part of a disposition under Part XX.1 of the Criminal Code (Canada), but must
present himself or herself at a designated bureau, police station or detachment of the police
service that provides policing where he or she resides or at another place in the area where the
police service provides policing designated by that police service and comply with subsection 3
(2),

. . . . .

(14) Subsection 9 (1) of the Act is repealed and the following substituted:

Proof of pardon
(1) An offender who receives a pardon for a sex offence may present himself or herself at a
designated bureau, police station or detachment of the police service that provides policing
where he or she resides or at another place in the area where the police service provides policing
designated by that police service and provide the police service with proof of the pardon.

(15) Subsection 9 (2) of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(16) Subsections 10 (2) and (3) of the Act are repealed and the following substituted:

Exception
(2) A member of a police service and an employee of or person authorized by the ministry
for the purposes of this section shall have access to the sex offender registry at any time and may
collect, retain and use information obtained from the sex offender registry for any purpose under
this Act, under section 80 of the Community Safety and Policing Act, 2019 or for crime
prevention or law enforcement purposes.

Same
(3) A member of a police service and an employee of or person authorized by the ministry
for the purposes of this section may disclose information contained in the sex offender registry
to another police service in or outside Canada for the purposes of this section or for crime
prevention or law enforcement purposes and the other police service may collect, retain and use
the information for crime prevention or law enforcement purposes.
290

(17) Subsection 12 (1) of the Act is amended by striking out “a municipality, a police
force, a correctional institution, any person employed by or providing services to a police
force” and substituting “a First Nation, an entity that employs First Nation Officers, a
municipality, a police service board, a correctional institution, any member of a police
service or any person providing services to a police service”.

(18) Clause 14 (b) of the Act is amended by striking out “police force” and substituting
“police service”.

City of Greater Sudbury Act, 1999

7. (1) The definition of “local board” in section 1 of the City of Greater Sudbury Act,
1999 is amended by striking out “police services board” in the portion before clause (a)
and substituting “police service board”.

(2) Section 6 of the Act is repealed and the following substituted:

Police service board

6. (1) On the day subsection 31 (1) of Schedule 1 (Community Safety and Policing Act,
2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Greater
Sudbury Police Services Board is continued under the name “Greater Sudbury Police Service
Board” in English and “Commission de service de police du Grand Sudbury” in French.

Same
(2) The Greater Sudbury Police Service Board is the police service board of the city.

(3) Subsection 10 (1) of the Act is amended by striking out “police services boards”
and substituting “police service boards”.

(4) Subsection 16.3 (2) of the Act is amended by striking out “Greater Sudbury Police
Force” and substituting “Greater Sudbury Police Service”.

City of Hamilton Act, 1999

8. (1) The definition of “local board” in section 1 of the City of Hamilton Act, 1999 is
amended by striking out “police services board” in the portion before clause (a) and
substituting “police service board”.
 291

(2) Subsections 6 (1) and (2) of the Act are repealed and the following substituted:

Police service board

(1) On the day subsection 31 (1) of Schedule 1 (Community Safety and Policing Act, 2019)
to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Hamilton Police
Services Board is continued under the name “Hamilton Police Service Board” in English and
“Commission de service de police de Hamilton” in French.

Same
(2) The Hamilton Police Service Board is the police service board of the city.

(3) Subsection 9 (1) of the Act is amended by striking out “police services boards” and
substituting “police service boards”.

(4) Subsection 16.3 (2) of the Act is amended by striking out “Hamilton Police Force”
and substituting “Hamilton Police Service”.

City of Ottawa Act, 1999

9. (1) The definition of “local board” in subsection 1 (1) of the City of Ottawa Act, 1999
is amended by striking out “police services board” in the portion before clause (a) and
substituting “police service board”.

(2) Subsections 6 (1) and (2) of the Act are repealed and the following substituted:

Police service board

(1) On the day subsection 31 (1) of the Schedule 1 (Community Safety and Policing Act,
2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Ottawa
Police Services Board is continued under the name “Ottawa Police Service Board” in English
and “Commission de service de police d’Ottawa” in French.

Same
(2) The Ottawa Police Service Board is the police service board of the city.

(3) Subsection 10 (1) of the Act is amended by striking out “police services boards”
and substituting “police service boards”.
292

(4) Subsection 17.3 (2) of the Act is amended by striking out “Ottawa Police Force”
and substituting “Ottawa Police Service”.

City of Toronto Act, 2006

10. (1) The definition of “local board” in subsection 3 (1) of the City of Toronto Act,
2006 is amended by striking out “police services board” and substituting “police service
board”.

(2) Clause (d) of the definition of “local board (restricted definition)” in subsection 8
(6) of the Act is repealed and the following substituted:

(d) a police service board established under the Community Safety and Policing Act,
2019,

(3) Subsection 51 (6) of the Act is amended by striking out “a police force in the
circumstances described in section 132 of the Police Services Act” at the end and
substituting “a police service in the circumstances described in section 258 of the
Community Safety and Policing Act, 2019”.

(4) Subsection 74.1 (7) of the Act is amended by striking out “a police force in the
circumstances described in section 132 of the Police Services Act” at the end and
substituting “a police service in the circumstances described in section 258 of the
Community Safety and Policing Act, 2019”.

(5) Subsection 91 (1) of the Act is amended by striking out “police services board”
wherever it appears and substituting in each case “police service board”.

(6) Clause 145 (3) (e) of the Act is repealed and the following substituted:

(e) a police service board established under the Community Safety and Policing Act,
2019;

(7) Clause (d) of the definition of “local board (restricted definition)” in section 156 of
the Act is repealed and the following substituted:
 293

(d) a police service board established under the Community Safety and Policing Act,
2019,

(8) The definition of “committee” in subsection 189 (1) of the Act is amended by
striking out “police services board” and substituting “police service board”.

(9) Subsection 189 (5) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(10) Subsection 190 (7) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(11) Subsection 190.1 (2) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(12) Subsection 190.2 (12) of the Act is amended by striking out “police services
board” and substituting “police service board”.

(13) The definition of “record” in subsection 201 (6) of the Act is amended by striking
out “police services board” and substituting “police service board”.

(14) Clause (a) of the definition of “local board (restricted definition)” in subsection
212 (3) of the Act is amended by striking out “police services board” and substituting
“police service board”.

(15) Clause (a) of the definition of “designated employee” in section 217 of the Act is
amended by striking out “police force” at the end and substituting “police service”.

(16) Subsection 366 (2) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(17) Paragraph 1 of subsection 375 (1) of the Act is amended by striking out “police
force” at the end and substituting “police service”.
294

(18) Subsection 387 (5) of the Act is amended by striking out “police force” and
substituting “police service”.

(19) Subsection 387 (9) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(20) Subsection 388 (9) of the Act is amended by striking out “police force” and
substituting “police service”.

(21) Subsection 388.1 (1) of the Act is amended by striking out “police force” and
substituting “police service”.

(22) The definition of “police force” in subsection 388.1 (6) of the Act is repealed and
the following substituted:

“police service” means a police service as defined under the Community Safety and Policing
Act, 2019 or the Royal Canadian Mounted Police.

(23) Section 389 of the Act is amended by striking out “police services board”
wherever it appears and substituting in each case “police service board”.

(24) The heading before section 402 of the Act is repealed and the following
substituted:

TORONTO POLICE SERVICE BOARD

(25) Subsection 402 (1) of the Act is amended by adding “as the Toronto Police Service
Board on the day Schedule 1 (Community Safety and Policing Act, 2019) to the
Comprehensive Ontario Police Services Act, 2019 comes into force” at the end.

(26) Section 403 of the Act is amended by striking out “policing services prescribed in
the Police Services Act, the Toronto police force” in the portion before clause (a) and
substituting “policing required by the Community Safety and Policing Act, 2019, the
Toronto Police Service”.
 295

(27) Section 404 of the Act is amended by striking out “Toronto police force” and
substituting “Toronto Police Service”.

(28) Paragraph 2 of section 452 of the Act is amended by striking out “police force”
and substituting “police service”.

(29) Subsection 453 (1) of the Act is amended by striking out “police force” and
substituting “police service”.

(30) Subsection 454 (3) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(31) Section 455 of the Act is amended by striking out “police services board”
wherever it appears and substituting in each case “police service board”.

(32) Subsection 458 (3) of the Act is amended by striking out “police services board”
and substituting “police service board”.

Commodity Futures Act

11. (1) Clause 13 (3) (a) of the Commodity Futures Act is repealed and the following
substituted:

(a) a member of a municipal, provincial, federal or other police service; or

(2) Clause 13 (7) (a) of the Act is repealed and the following substituted:

(a) a member of a municipal, provincial, federal or other police service; or

Consumer Protection Act, 2002

12. Subsection 65.12 (1) of the Consumer Protection Act, 2002 is amended by striking
out “police force” and substituting “police service”.

Crown Witnesses Act

13. Subsection 2 (2) of the Crown Witnesses Act is amended by striking out “police
force” wherever it appears and substituting in each case “police service”.
296

Development Charges Act, 1997

14. The English version of paragraph 6 of subsection 5 (5) of the Development Charges
Act, 1997 is repealed and the following substituted:

6. Policing.

Dog Owners’ Liability Act

15. Paragraph 1 of section 12 of the Dog Owners’ Liability Act is repealed and the
following substituted:

1. A police officer, including a police officer within the meaning of the Community
Safety and Policing Act, 2019, a special constable, a First Nation Officer and an
auxiliary member of a police service.

Electricity Act, 1998

16. Clause 37.3 (1) (c) of the Electricity Act, 1998 is amended by striking out “police
force” and substituting “police service”.

Employment Standards Act, 2000

17. (1) Paragraph 4 of subsection 3 (5) of the Employment Standards Act, 2000 is
repealed and the following substituted:

4. An individual who is an inmate of a correctional institution within the meaning of the

Ministry of Correctional Services Act, is an inmate of a penitentiary or is being held in
a place of temporary detention or youth custody facility under the Youth Criminal
Justice Act (Canada), if the individual participates inside or outside the institution,
penitentiary or place in a work project or rehabilitation program.

(2) The French version of the definition of “employer” in section 68 of the Act is
amended by striking out “organisme responsable d’un corps de police” at the end and
substituting “corps dirigeant de la police”.

(3) Section 71 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.
 297

Environmental Protection Act

18. (1) The definition of “officer” in section 60 of the Environmental Protection Act is
amended by striking out “Ontario Provincial Police Force or the police force” and
substituting “police service”.

(2) Subsection 92 (4) of the Act is amended by striking out “police force” and
substituting “police service”.

(3) Subsection 166 (1) of the Act is repealed and the following substituted:

Police assistance and motor vehicle inspections

Calling for assistance of member of police service
(1) Whenever a provincial officer is required or empowered by this Act or the regulations to
do or direct the doing of anything, the provincial officer may take such steps and employ such
assistance as is necessary to accomplish what is required, and may, when obstructed in so doing,
call for the assistance of any member of the police service in the area where the assistance is
required, and it is the duty of every member of a police service to render such assistance.

(4) Subsection 166 (5) of the Act is repealed and the following substituted:

Police assistance
(5) Where a provincial officer considers it necessary or expedient to do so, he or she may
call for the assistance of any member of the police service in the area where the assistance is
required for an inspection under subsection (2), and it is the duty of every member of a police
service to render such assistance.

Fish and Wildlife Conservation Act, 1997

19. Paragraph 1 of subsection 87 (2) of the Fish and Wildlife Conservation Act, 1997 is
repealed and the following substituted:

1. A police officer or First Nation Officer appointed under the Community Safety and
Policing Act, 2019.

Food Safety and Quality Act, 2001

20. (1) Section 15 of the Food Safety and Quality Act, 2001 is amended by striking out
“police force” wherever it appears and substituting in each case “police service”.
298

(2) Subsection 17 (5) of the Act is amended by striking out “police force” and
substituting “police service”.

(3) Subsection 36 (7) of the Act is amended by striking out “police force” and
substituting “police service”.

Forest Fires Prevention Act

21. Paragraph 3 of subsection 4 (2) of the Forest Fires Prevention Act is amended by
striking out “Police Services Act” at the end and substituting “Community Safety and
Policing Act, 2019”.

Health Protection and Promotion Act

22. (1) Clause (l) of the definition of “institution” in subsection 21 (1) of the Health
Protection and Promotion Act is repealed.

(2) Subsection 35 (6) of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(3) Subsection 37 (1) of the Act is amended by striking out “a detention facility”.

(4) Subsection 37 (2) of the Act is repealed and the following substituted:

Order by M.O.H. re person under detention

(2) A medical officer of health by order may require the superintendent of a correctional
institution, a place of secure custody or a place of temporary detention located in the health unit
served by the medical officer of health to take such action as is specified in the order to prevent
the infection of others by a person who is detained in the correctional institution, place of secure
custody or place of temporary detention and who has been examined and found to be infected
with an agent of a communicable disease.

(5) The definition of “detention facility” in subsection 37 (3) of the Act is repealed.

(6) Clause 77.5 (7) (a) of the Act is amended by striking out “police force” and
substituting “police service”.
 299

Highway 407 Act, 1998

23. (1) Subsection 59 (1) of the Highway 407 Act, 1998 is amended by adding the
following definition:

“Minister” means the Minister of Community Safety and Correctional Services or such other
member of the Executive Council as may be designated by the Lieutenant Governor in
Council; (“ministre”)

(2) The definition of “Solicitor General” in subsection 59 (1) of the Act is repealed.

(3) Subsection 59 (2) of the Act is amended by striking out “paragraph 3 of subsection
19 (1) of the Police Services Act” and substituting “clause 57 (c) of the Community Safety
and Policing Act, 2019”.

(4) Subsections 59 (3), (4) and (5) of the Act are repealed and the following substituted:

Cost of policing
(3) The Minister may charge the owner the reasonable costs of policing provided by the
Commissioner of the Ontario Provincial Police under clause 57 (c) of the Community Safety and
Policing Act, 2019 on a full cost recovery basis.

Agreement
(4) The Minister may enter into an agreement with the owner for the provision of services
under clause 57 (c) of the Community Safety and Policing Act, 2019 on Highway 407.

Payable into Consolidated Revenue Fund

(5) All moneys received by way of charges imposed under subsection (3) or by the Minister
under an agreement entered into under subsection (4) shall be paid into the Consolidated
Revenue Fund.

Highway Traffic Act

24. (1) Subsection 41.4 (18) of the Highway Traffic Act is amended by striking out
“police force” wherever it appears and substituting in each case “police service”.

(2) Subsection 48.4 (18) of the Act is amended by striking out “police force” wherever
it appears and substituting in each case “police service”.
300

(3) Subsection 55.1 (24) of the Act is amended by striking out “police force” wherever
it appears and substituting in each case “police service”.

(4) Subsection 55.2 (18) of the Act is amended by striking out “police force” wherever
it appears and substituting in each case “police service”.

(5) Subsection 58 (11) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(6) Subsection 58.1 (14) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(7) Subsection 82.1 (29) of the Act is amended by striking out “police force” wherever
it appears and substituting in each case “police service”.

(8) Subsection 134.1 (4) of the Act is amended by striking out “a police force, a police
services board, any member of a police services board” and substituting “any other
member of a police service, a police service board, any member of a police service board”.

(9) Subsection 134.1 (4) of the Act, as re-enacted by subsection 43 (1) of the Road Safety
Act, 2009, is amended by striking out “a police force, a police services board, any member
of a police services board” and substituting “any other member of a police service, a police
service board, any member of a police service board”.

(10) Clause 187 (3) (c) of the Act is amended by striking out “police force” and
substituting “police service”.

(11) Clause 187 (3) (d) of the Act is amended by striking out “police force” and
substituting “police service”.

(12) Subsection 187 (5) of the Act is repealed and the following substituted:

No liability where good faith

(5) No proceeding for damages shall be instituted against a member of a police service, a
police service board, the Crown in relation to a member of the Ontario Provincial Police or a
pilot for an act or an omission done or omitted to be done by it, him or her in respect of the
 301

subject-matter of subsection (3) where the member of the police service or pilot was acting in
good faith.

(13) Subsection 195 (1) of the Act is amended by striking out “police services board” in
the portion before clause (a) and substituting “police service board”.

Human Rights Code

25. The definition of “person” in section 46 of the Human Rights Code is amended by
striking out “police services board established under the Police Services Act” and
substituting “police service board established under the Community Safety and Policing
Act, 2019”.

Interprovincial Policing Act, 2009

26. (1) Section 1 of the Interprovincial Policing Act, 2009 is amended by striking out
“Police Services Act” wherever it appears and substituting in each case “Community Safety
and Policing Act, 2019”.

(2) Section 1 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.

(3) Section 1 of the Act is amended by adding the following definition:

“Inspector General” means the Inspector General of Policing appointed under the Community
Safety and Policing Act, 2019; (“inspecteur général”)

(4) The definition of “Ontario police officer” in section 1 of the Act is amended by
striking out “an employee of” and substituting “a member of”.

(5) Section 1 of the Act is amended by adding the following definition:

“police service board” has the same meaning as in the Community Safety and Policing Act,
2019; (“commission de service de police”)

(6) Section 6 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.
302

(7) Subsection 8 (2) of the Act is repealed and the following substituted:

Appointment denied
(2) The appointing official shall deny the requested appointment in prescribed
circumstances.

(8) Subsection 12 (2) of the Act is repealed and the following substituted:

Request to police service or detachment

(2) The request must be made to the local commander of the police service or detachment
that provides policing in the area where the operation or investigation is expected primarily to be
conducted.

(9) Subsection 15 (2) of the Act is repealed and the following substituted:

Appointment denied
(2) The local commander shall deny the requested appointment in prescribed circumstances.

(10) Subsection 20 (1) of the Act is repealed and the following substituted:

Advance notice to local commander

(1) Before performing any police duties in an area of Ontario, an appointee shall give notice
to the local commander of the police service or detachment that provides policing in that area,
unless the duties are of a routine nature that are unlikely to affect the delivery of policing or the
operation or investigation could be compromised by giving notice.

(11) Section 21 of the Act is repealed and the following substituted:

Local commander may direct appointee

21. A local commander may direct an appointee about how the appointee’s duties are to be
performed in the area in which the local commander’s police service or detachment provides
policing in order to avoid interference with the provision of policing in that area.

(12) Clause 22 (1) (b) of the Act is amended by striking out “Police Services Act” and
substituting “Community Safety and Policing Act, 2019”.
 303

(13) Subsection 22 (1) of the Act is amended by adding the following clause:

(b.1) the provisions of the Special Investigations Unit Act, 2019 and of the regulations
made under that Act that apply to the appointee;

(14) Subclause 23 (1) (a) (ii) of the Act is amended by striking out “Police Services Act”
and substituting “Community Safety and Policing Act, 2019”.

(15) Clause 23 (1) (a) of the Act is amended by adding the following subclause:

(ii.1) comply with a provision of the Special Investigations Unit Act, 2019, or of the
regulations made under that Act, that applies to the appointee,

(16) Subsection 25 (1) of the Act is amended by striking out “police force” and
substituting “police service”.

(17) Subsection 27 (1) of the Act is amended by striking out “police force or police
services board” and substituting “police service board”.

(18) Subsection 27 (2) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(19) Section 29 of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(20) Sections 30 and 31 of the Act are repealed and the following substituted:

Application of oversight and discipline process to Ontario police officer

30. Parts X and XII of the Community Safety and Policing Act, 2019 apply to an Ontario
police officer who has been appointed as a police officer in another province or a territory in
respect of his or her conduct in the other province or territory as if the conduct took place in
Ontario.
304

Application of Part X of Community Safety and Policing Act, 2019 to extra-provincial

police officer
31. A complaint made in respect of the conduct in Ontario of an extra-provincial police
officer who is appointed as a police officer under this Act shall be reviewed and investigated
under Part X of the Community Safety and Policing Act, 2019, but an extra-provincial police
officer is not subject to discipline proceedings under that Act with respect to his or her conduct
in Ontario.

(21) Subsection 32 (1) of the Act is repealed and the following substituted:

Indemnification
(1) Subject to an agreement under clause 33 (1) (a), a police service board in Ontario shall
indemnify a police service in another province or a territory, or the person or entity that is
responsible for that police service, against all costs, charges and expenses, including an amount
paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal
or administrative action or proceeding in which the police service from that other province or
territory is a party, if the action or proceeding arises out of the actions of a member of the police
service maintained by the police service board while the member was appointed as a police
officer in that other province or territory.

(22) Subsection 32 (2) of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(23) Subsection 32 (4) of the Act is amended by striking out “police force” and
substituting “police service”.

(24) Subsection 33 (1) of the Act is amended by,

(a) striking out “police services board” in the portion before clause (a) and
substituting “police service board”; and

(b) striking out “an Ontario municipal police force” in clause (a) and substituting
“the police service maintained by the police service board”.

(25) Section 37 of the Act is amended by striking out “Minister” wherever it appears
and substituting in each case “Inspector General”.
 305

(26) Clause 41 (1) (b) of the Act is amended by striking out “clauses 8 (2) (b) and 15 (2)
(b) and subsection 23 (2)” at the end and substituting “subsections 8 (2), 15 (2) and 23 (2)”.

Labour Relations Act, 1995

27. Clause 3 (d) of the Labour Relations Act, 1995 is amended by striking out “police
force within the meaning of the Police Services Act” at the end and substituting “police
service within the meaning of the Community Safety and Policing Act, 2019”.

Lobbyists Registration Act, 1998

28. The English version of clause (e) of the definition of “public office holder” in
subsection 1 (1) of the Lobbyists Registration Act, 1998 is amended by striking out “Force”.

Local Planning Appeal Tribunal Act, 2017

29. Paragraph 7 of the definition of “local board” in section 1 of the Local Planning
Appeal Tribunal Act, 2017 is amended by striking out “police services board” and
substituting “police service board”.

Mandatory Gunshot Wounds Reporting Act, 2005

30. (1) Subsection 2 (1) of the Mandatory Gunshot Wounds Reporting Act, 2005 is
amended by striking out “municipal or regional police force” and substituting “police
service”.

(2) Section 3 of the Act is amended by striking out “municipal or regional police force
or the Ontario Provincial Police” and substituting “police service”.

Mining Act
31. Subsection 158 (10) of the Mining Act is amended by striking out “police force” and
substituting “police service”.

Ministry of Correctional Services Act

32. (1) The definition of “correctional institution” in section 1 of the Ministry of
Correctional Services Act is amended by striking out “established under section 16.1 of the
Police Services Act” at the end.

(2) Subsection 8 (1) of the Act is amended by striking out “or with any municipality” in
the portion before clause (a) and substituting “or with any municipality or police service
board”.
306

(3) Section 21 of the Act is repealed and the following substituted:

Use of correctional institution lock-up

21. (1) The Minister may designate a correctional institution for use by a police service
board as a lock-up and, where the Minister makes such a designation, the Minister shall fix a
rate per day for persons in custody in the lock-up.

Payment by municipality
(2) The municipality that maintains the police service board shall pay to the Minister of
Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the
lock-up during the year.

Designation of lock-up
(3) The Minister may designate a correctional institution for use as a lock-up by,

(a) the Ontario Provincial Police; or

(b) an entity that employs First Nation Officers that provide a policing function under an
agreement between the Minister and a First Nation.

Municipal Act, 2001

33. (1) The definition of “local board” in subsection 1 (1) of the Municipal Act, 2001 is
amended by striking out “police services board” and substituting “police service board”.

(2) Clause (d) of the definition of “local board” in subsection 10 (6) of the Act is
repealed and the following substituted:

(d) a police service board established under the Community Safety and Policing Act,
2019;

(3) Subsection 63 (6) of the Act is amended by striking out “police force in the
circumstances described in section 132 of the Police Services Act” and substituting “police
service in the circumstances described in section 258 of the Community Safety and Policing
Act, 2019”.
 307

(4) Subsection 157 (1) of the Act is amended by striking out “police services board”
wherever it appears and substituting in each case “police service board”.

(5) Paragraph 8 of the definition of “lower-tier power” in subsection 188 (1) of the Act
is amended by striking out “Police Services Act” at the end and substituting “Community
Safety and Policing Act, 2019”.

(6) Clause 216 (3) (d) of the Act is repealed and the following substituted:

(d) a police service board established under the Community Safety and Policing Act,
2019;

(7) Clause (d) of the definition of “local board” in section 223.1 of the Act is repealed
and the following substituted:

(d) a police service board established under the Community Safety and Policing Act,
2019,

(8) The definition of “local board” in subsection 238 (1) of the Act is amended by
striking out “police services boards” and substituting “police service boards”.

(9) The definition of “record” in subsection 255 (6) of the Act is amended by striking
out “police services board” and substituting “police service board”.

(10) Clause (a) of the definition of “local board” in subsection 269 (1) of the Act is
amended by striking out “police services board” and substituting “police service board”.

(11) Clause (a) of the definition of “employee” in subsection 278 (1) of the Act is
amended by striking out “police force” and substituting “police service”.

(12) Subsection 425 (2) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(13) Section 434 of the Act is amended by striking out “police force” and substituting
“police service”.
308

(14) Paragraph 1 of subsection 435 (1) of the Act is amended by striking out “police
force” and substituting “police service”.

(15) Subsection 447 (5) of the Act is amended by striking out “police force” and
substituting “police service”.

(16) Subsection 447 (9) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(17) Subsection 447.1 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

(18) Subsection 447.1 (9) of the Act is amended by striking out “the police force
responsible for policing in the municipality” and substituting “the police service that has
policing responsibility for the municipality”.

(19) Section 447.2 of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

(20) Subsection 447.6 (4) of the Act is amended by striking out “police services board”
and substituting “police service board”.

(21) Section 447.9 of the Act is amended by striking out “police services board”
wherever it appears and substituting in each case “police service board”.

Municipal Affairs Act

34. The definition of “local board” in section 1 of the Municipal Affairs Act is amended
by striking out “police services board” and substituting “police service board”.

Municipal Conflict of Interest Act

35. The definition of “local board” in section 1 of the Municipal Conflict of Interest Act
is amended by striking out “police services board” and substituting “police service board”.
 309

Municipal Freedom of Information and Protection of Privacy Act

36. Clause (b) of the definition of “institution” in subsection 2 (1) of the Municipal
Freedom of Information and Protection of Privacy Act is amended by striking out “police
services board” and substituting “police service board”.

Northern Services Boards Act

37. (1) Paragraph 6 of subsection 41 (2) of the Northern Services Boards Act is repealed
and the following substituted:

6. Policing under the Community Safety and Policing Act, 2019.

(2) Subsection 41 (10) of the Act is repealed and the following substituted:

Policing
(10) Where a Board ensures the provision of policing,

(a) the Board shall be deemed to be a municipality as defined in the Community Safety
and Policing Act, 2019; and

(b) any municipality in the Board area shall be deemed not to be a municipality as defined
in the Community Safety and Policing Act, 2019.

Nutrient Management Act, 2002

38. (1) Clause 26 (1) (b) of the Nutrient Management Act, 2002 is amended by striking
out “municipal police force” and substituting “police service”.

(2) Subsection 26 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

(3) Clause 35 (5) (b) of the Act is amended by striking out “municipal police force” and
substituting “police service”.

Occupational Health and Safety Act

39. (1) Clause 43 (2) (a) of the Occupational Health and Safety Act is amended by
striking out “a police force to which the Police Services Act applies” at the end and
310

substituting “a police service to which the Community Safety and Policing Act, 2019
applies”.

(2) Subsection 50 (8) of the Act is repealed and the following substituted:

Exception
(8) Despite subsections (2) and (2.1), a police officer under the Community Safety and
Policing Act, 2019 shall have his or her complaint in relation to an alleged contravention of
subsection (1) dealt with under section 191 of that Act, with necessary modifications.

Ontario Municipal Employees Retirement System Act, 2006

40. Subsection 1 (4) of the Ontario Municipal Employees Retirement System Act, 2006 is
amended by striking out “police force as defined in section 2 of the Police Services Act”
and substituting “police service as defined in subsection 2 (1) of the Community Safety and
Policing Act, 2019”.

Ontario Provincial Police Collective Bargaining Act, 2006

41. (1) Section 1 of the Ontario Provincial Police Collective Bargaining Act, 2006 is
amended by adding the following definition:

“Minister” means the Minister of Community Safety and Correctional Services or such other
member of the Executive Council as may be designated by the Lieutenant Governor in
Council; (“ministre”)

(2) The definition of “Solicitor General” in section 1 of the Act is repealed.

(3) The English version of paragraph 1 of subsection 2 (1) of the Act is amended by
striking out “Force”.

(4) Paragraph 2 of subsection 2 (1) of the Act is amended by striking out “supervision”
in the portion before subparagraph i and substituting “direction”.

(5) Subclause 4 (1) (a) (i) of the Act is amended by striking out “Police Services Act”
and substituting “Community Safety and Policing Act, 2019”.
 311

(6) Section 5 of the Act is amended by striking out “Solicitor General” wherever it
appears and substituting in each case “Minister”.

(7) Section 6 of the Act is amended by striking out “Ontario Police Arbitration
Commission” wherever it appears and substituting in each case “Ontario Police
Arbitration and Adjudication Commission”.

(8) Subsection 6 (1) of the Act is amended by striking out “Solicitor General” and
substituting “Minister”.

(9) Subsection 10.1 (1) of the Act is amended by striking out “on the first anniversary
of the date of his or her promotion to Probationary Constable” at the end and substituting
“12 months after the day of his or her appointment as a police officer”.

(10) Section 10.1 of the Act is amended by adding the following subsections:

Extension with consent

(3) The Commissioner of the Ontario Provincial Police may extend a police officer’s
probationary period by up to six months if the police officer consents to the extension.

Leave of absence
(4) Any time taken by the police officer as a leave of absence does not count towards the
fulfilment of the probationary period.

Only one probationary period

(5) Despite subsection (1), a police officer shall not be subject to a probationary period if he
or she has already successfully completed a probationary period as a police officer with a police
service, the Royal Canadian Mounted Police or a different prescribed policing organization.

(11) Section 11 of the Act is amended by adding the following clause:

(c) clarifying the meaning of “leave of absence” for the purposes of subsection 10.1 (4).

Ontario Water Resources Act

42. Section 25 of the Ontario Water Resources Act is repealed and the following
substituted:
312

Calling for assistance of member of police service

25. Whenever a provincial officer is required or empowered by this Act or the regulations to
do or direct the doing of anything, the provincial officer may take such steps and employ such
assistance as is necessary to accomplish what is required, and may, when obstructed in so doing,
call for the assistance of any member of the police service in the area where the assistance is
required, and it is the duty of every member of a police service to render such assistance.

Pawnbrokers Act
43. Section 11 of the Pawnbrokers Act is amended by striking out “police force” and
substituting “police service”.

Pesticides Act
44. Section 18 of the Pesticides Act is repealed and the following substituted:

Calling for assistance of member of police service

18. Whenever a provincial officer is required or empowered by this Act or the regulations to
do or direct the doing of anything, the provincial officer may take such steps and employ such
assistance as is necessary to accomplish what is required, and may, when obstructed in so doing,
call for the assistance of any member of the police service in the area where the assistance is
required, and it is the duty of every member of a police service to render such assistance.

Planning Act
45. The definition of “local board” in subsection 1 (1) of the Planning Act is amended
by striking out “police services board” and substituting “police service board”.

Police Record Checks Reform Act, 2015

46. (1) The definition of “criminal offence” in subsection 1 (1) of the Police Record
Checks Reform Act, 2015 is amended by striking out “or any other law of Canada” at the
end and substituting “the Cannabis Act (Canada) or any other law of Canada”.

(2) Clause (b) of the definition of “police record check provider” in subsection 1 (1) of
the Act is amended by striking out “police force” and substituting “police service”.

(3) The definition of “third party entity” in subsection 1 (1) of the Act is amended by
striking out “police force” and substituting “police service”.
 313

(4) Subsection 1 (2) of the Act is repealed and the following substituted:

Same, expressions related to police services

(2) Expressions used in this Act relating to police services have the same meaning as in the
Community Safety and Policing Act, 2019.

(5) Subsection 2 (4) of the Act is repealed and the following substituted:

Records
(4) This Act applies in respect of records in the custody or under the control of a police
service or in the custody or under the control of another agency responsible for providing
policing in Canada.

(6) Clause 4 (c) of the Act is amended by striking out “Police Services Act” at the end
and substituting “Community Safety and Policing Act, 2019”.

(7) Section 8 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.

(8) Section 17 of the Act is amended by striking out “police services board” and
substituting “police service board”.

Private Security and Investigative Services Act, 2005

47. (1) Clause 10 (5) (a) of the Private Security and Investigative Services Act, 2005 is
amended by striking out “the Controlled Drugs and Substances Act (Canada) or any other
Act of Canada” and substituting “the Controlled Drugs and Substances Act (Canada), the
Cannabis Act (Canada) or any other Act of Canada”.

(2) Section 39 of the Act is amended by striking out “shall hold himself” and
substituting “shall falsely hold himself”.

Public Inquiries Act, 2009

48. Clause 18 (3) (c) of the Public Inquiries Act, 2009 is amended by striking out “the
Police Services Act, if the employee is subject to a rule or code of discipline under that Act”
at the end and substituting “section 191 of the Community Safety and Policing Act, 2019, if
the employee is a police officer under that Act.”
314

Public Sector Compensation Restraint to Protect Public Services Act, 2010

49. Paragraph 6 of subsection 4 (2) of the Public Sector Compensation Restraint to
Protect Public Services Act, 2010 is repealed and the following substituted:

6. A police association recognized under the Community Safety and Policing Act, 2019.

Public Sector Dispute Resolution Act, 1997

50. Clause 2 (1) (c) of the Public Sector Dispute Resolution Act, 1997 is amended by
striking out “section 122 of the Police Services Act” at the end and substituting “section 227
of the Community Safety and Policing Act, 2019”.

Public Sector Labour Relations Transition Act, 1997

51. (1) The definition of “local board” in section 2 of the Public Sector Labour
Relations Transition Act, 1997 is amended by striking out “police services board” and
substituting “police service board”.

(2) The definition of “local board” in subsection 4 (1) of the Act is amended by striking
out “police services board” and substituting “police service board”.

(3) Section 17 of the Act is amended by striking out “Police Services Act” at the end
and substituting “Community Safety and Policing Act, 2019”.

(4) Subsection 18 (1) of the Act is amended by striking out “section 121 of the Police
Services Act” and substituting “section 226 of the Community Safety and Policing Act,
2019”.

(5) Subsection 19.4 (2) of the Act is amended by striking out “section 121 of the Police
Services Act” and substituting “section 226 of the Community Safety and Policing Act,
2019”.

(6) Subsection 24 (8) of the Act is amended by striking out “section 129 of the Police
Services Act” at the end and substituting “section 234 of the Community Safety and Policing
Act, 2019”.

(7) Subsection 30 (7) of the Act is amended by striking out “section 129 of the Police
Services Act” at the end and substituting “section 234 of the Community Safety and Policing
Act, 2019”.
 315

(8) Paragraph 2 of subsection 33 (2) of the Act is amended by striking out “section 119
of the Police Services Act” at the end and substituting “section 224 of the Community Safety
and Policing Act, 2019”.

Public Service of Ontario Act, 2006

52. (1) Subsection 104 (7) of the Public Service of Ontario Act, 2006 is amended by
striking out “subject to a rule or code of discipline under the Police Services Act shall have
his or her complaint dealt with under that Act” at the end and substituting “a police
officer under the Community Safety and Policing Act, 2019 shall have his or her complaint
dealt with under section 191 of that Act”.

(2) Paragraph 3 of section 117 of the Act is amended by striking out “Part V of the
Police Services Act” at the end and substituting “Part XII of the Community Safety and
Policing Act, 2019”.

(3) Subsection 140 (7) of the Act is amended by striking out “subject to a rule or code
of discipline under the Police Services Act shall have his or her complaint dealt with under
that Act” at the end and substituting “a police officer under the Community Safety and
Policing Act, 2019 shall have his or her complaint dealt with under section 191 of that
Act”.

Public Vehicles Act

53. (1) Section 29 of the Public Vehicles Act is amended by striking out “Ontario
Provincial Police Force” wherever it appears and substituting in each case “Ontario
Provincial Police”.

(2) Section 32 of the Act is amended by striking out “Ontario Provincial Police Force”
and substituting “Ontario Provincial Police”.

Resource Recovery and Circular Economy Act, 2016

54. Section 83 of the Resource Recovery and Circular Economy Act, 2016 is repealed
and the following substituted:

Calling for assistance of member of police service

83. An inspector who is authorized by an order under section 81 to do anything set out in
subsection 78 (1) or (4) or section 79 may take such steps and employ such assistance as is
necessary to accomplish what is required, and may, when obstructed in so doing, call for the
316

assistance of any member of the police service in the area where the assistance is required, and it
is the duty of every member of a police service to render such assistance.

Safe Drinking Water Act, 2002

55. Section 102 of the Safe Drinking Water Act, 2002 is repealed and the following
substituted:

Calling for assistance of member of police service

102. Whenever a provincial officer is required or empowered by this Act to do or direct the
doing of anything, the provincial officer may take such steps and employ such assistance as is
necessary to accomplish what is required, and may, when obstructed in doing so, call for the
assistance of any member of the police service in the area where the assistance is required, and it
is the duty of every member of a police service to render such assistance.

Securities Act
56. (1) Clause 17 (3) (a) of the Securities Act is repealed and the following substituted:

(a) a member of a municipal, provincial, federal or other police service; or

(2) Clause 17 (7) (a) of the Act is repealed and the following substituted:

(a) a member of a municipal, provincial, federal or other police service; or

Substitute Decisions Act, 1992

57. (1) Clauses (b) and (c) of the definition of “facility” in subsection 1 (1) of the
Substitute Decisions Act, 1992 are repealed.

(2) Subsection 50 (5) of the Act is amended by striking out “police services board” and
substituting “police service board”.

Taxation Act, 2007

58. (1) Subsection 92 (5.4) of the Taxation Act, 2007 is amended by striking out
“members of the Ontario Provincial Police Force or a municipal police force in Ontario”
and substituting “members of a police service as defined in the Community Safety and
Policing Act, 2019”.
 317

(2) The French version of subsection 134 (2) of the Act is amended by striking out
“membre d’un corps policier” and substituting “agent de police”.

Tobacco Tax Act

59. The definition of “police officer” in subsection 1 (1) of the Tobacco Tax Act is
amended by striking out “subsection 2 (1) of the Police Services Act” at the end and
substituting “subsection 2 (1) of the Community Safety and Policing Act, 2019”.

Town of Haldimand Act, 1999

60. (1) The definition of “local board” in subsection 1 (1) of the Town of Haldimand
Act, 1999 is amended by striking out “police services board” in the portion before clause
(a) and substituting “police service board”.

(2) Subsections 7 (1), (2) and (3) of the Act are repealed and the following substituted:

Police service board

(1) On the day subsection 31 (1) of Schedule 1 (Community Safety and Policing Act, 2019)
to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Haldimand and
Norfolk Police Services Board is continued under the name “Haldimand and Norfolk Police
Service Board” in English and “Commission de service de police de Haldimand et Norfolk” in
French.

Same
(2) The Haldimand and Norfolk Police Service Board is the police service board of the town
and the Town of Norfolk.

Jointly constituted board

(3) The Haldimand and Norfolk Police Service Board is deemed to be a jointly constituted
board established under section 24 of the Community Safety and Policing Act, 2019.

(3) Subsection 10 (1) of the Act is amended by striking out “police services boards”
and substituting “police service boards”.

(4) Paragraph 2 of subsection 14 (1) of the Act is amended by striking out “Haldimand
and Norfolk Police Services Board” and substituting “Haldimand and Norfolk Police
Service Board”.
318

(5) Subsection 19.3 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

Town of Norfolk Act, 1999

61. (1) The definition of “local board” in subsection 1 (1) of the Town of Norfolk Act,
1999 is amended by striking out “police services board” in the portion before clause (a)
and substituting “police service board”.

(2) Section 7 of the Act is amended by striking out “police services board” and
substituting “police service board”.

(3) Subsection 10 (1) of the Act is amended by striking out “police services boards”
and substituting “police service boards”.

(4) Subsection 19.3 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

Toxics Reduction Act, 2009

62. Section 42 of the Toxics Reduction Act, 2009 is repealed and the following
substituted:

Calling for assistance of member of police service

42. Whenever a provincial officer is required or empowered by this Act or the regulations to
do or direct the doing of anything, the provincial officer may take such steps and employ such
assistance as is necessary to accomplish what is required, and may, when obstructed in so doing,
call for the assistance of any member of the police service in the area where the assistance is
required, and it is the duty of every member of a police service to render such assistance.

Victims’ Bill of Rights, 1995

63. (1) The English version of section 2 of the Victims’ Bill of Rights, 1995 is amended
by striking out “police services” wherever it appears and substituting in each case
“policing”.

(2) Subsection 2 (4) of the Act is amended by striking out “paragraph 1 of subsection
135 (1) of the Police Services Act” at the end and substituting “paragraph 2 of subsection
261 (1) of the Community Safety and Policing Act, 2019”.
 319

Waste Diversion Transition Act, 2016

64. Section 53 of the Waste Diversion Transition Act, 2016 is repealed and the following
substituted:

Calling for assistance of member of police service

53. An inspector who is authorized by an order under section 51 to do anything set out in
subsection 48 (1) or (4) or section 49 may take such steps and employ such assistance as is
necessary to accomplish what is required, and may, when obstructed in so doing, call for the
assistance of any member of the police service in the area where the assistance is required, and it
is the duty of every member of a police service to render such assistance.

Workers Day of Mourning Act, 2016

65. Subparagraph 4 ix of section 2 of the Workers Day of Mourning Act, 2016 is
repealed and the following substituted:

ix. A police service as defined in the Community Safety and Policing Act, 2019.

Workplace Safety and Insurance Act, 1997

66. (1) Paragraph 3 of the definition of “worker” in subsection 2 (1) of the Workplace
Safety and Insurance Act, 1997 is amended by striking out “police force” at the end and
substituting “police service”.

(2) The definition of “police officer” in subsection 14 (1) of the Act is amended by,

(a) striking out “First Nations Constable” and substituting “First Nation Officer”;
and

(b) striking out “police force” at the end and substituting “police service”.

(3) Subsection 25 (3.1) of the Act is amended by striking out “police force” and
substituting “police service”.

(4) Subsection 40 (4.1) of the Act is amended by striking out “police force” and
substituting “police service”.
320

(5) Subsection 41 (17) of the Act is amended by striking out “police force” and
substituting “police service”.

(6) Section 70 of the Act is amended by striking out “police force” wherever it appears
and substituting in each case “police service”.

(7) Subsection 78 (3) of the Act is amended by striking out “police force” wherever it
appears and substituting in each case “police service”.

Commencement
67. (1) Subject to subsection (2), this Schedule comes into force on a day to be named
by proclamation of the Lieutenant Governor.

(2) Sections 1, 46 and 47 come into force on the day the Comprehensive Ontario Police
Services Act, 2019 receives Royal Assent.
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SCHEDULE 5
SPECIAL INVESTIGATIONS UNIT ACT, 2019

CONTENTS
1. Definitions
2. Officers appointed under the Interprovincial Policing Act, 2009
3. Crown bound
SPECIAL INVESTIGATIONS UNIT
4. Special Investigations Unit
5. Special Investigations Unit Director
6. Investigators
7. Peace officers
8. Employees
9. Collection, use and disclosure of personal information
10. Agreements with other entities
11. Annual report
12. Confidentiality
13. Protection from personal liability
14. Protection from giving testimony
INVESTIGATIONS
15. Power to investigate
16. Notification of incident
17. Preliminary inquiries
18. Lead investigator
19. Assignment of investigators
20. Securing the scene
21. Incident notes
22. Notice of whether subject official or witness official
23. Provision of notes by witness official
24. Notes of subject official
25. Interview of witness officials
26. Segregation of officials
27. Right to counsel
28. Confidentiality
29. Public statements by SIU
30. Delegation
31. Duty to comply
32. Charges
33. Public notice if charges laid against official re incident
34. Public notice if no charges laid against official re incident
35. Investigation timing
36. Referral of possible criminal conduct by official to police chief
37. Transition
REGULATIONS
38. Regulations
39. Public consultation before making L.G. in C. regulations
AMENDMENTS TO THIS ACT
40. Amendments to this Act
REPEALS, REVOCATIONS AND COMPLEMENTARY AMENDMENTS
41. Ontario Special Investigations Unit Act, 2018
42. Police Services Act
43. Revocations
COMMENCEMENT AND SHORT TITLE
44. Commencement
45. Short title

Definitions
1. (1) In this Act,
322

“affected person” means, in relation to an incident referred to in subsection 15 (1), a person,

(a) who died or was seriously injured,

(b) at whom a firearm was discharged, or

(c) who reported that he or she was sexually assaulted; (“personne concernée”)

“appointing official” and “extra-provincial commander” have the same meaning as in the
Interprovincial Policing Act, 2009; (“agent de nomination”, “commandant extraprovincial”)

“de-identify”, in relation to the personal information of an individual, means to remove any

information that identifies the individual or for which it is reasonably foreseeable in the
circumstances that it could be utilized, either alone or with other information, to identify the
individual; (“anonymiser”)

“designated authority” means,

(a) in relation to an official who is a police officer other than a chief of police, the chief
of police of the police force of which the police officer is a member,

(b) in relation to any other official, the person prescribed by the Minister for the official
in respect of this Act or the regulations or in respect of a particular provision of this
Act or of a regulation; (“autorité désignée”)

“Minister” means the Attorney General or such other member of the Executive Council as may
be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“official” means,

(a) a police officer,

(b) a special constable employed by the Niagara Parks Commission, and

 323

(c) a person designated as a peace officer for the purposes of section 103 of the
Legislative Assembly Act; (“agent”)

“personal information” means personal information as defined in the Freedom of Information

and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“serious injury” means an injury listed in subsection (2) or any other injury sustained by a
person that is likely to interfere with the person’s health or comfort and is not transient or
trifling in nature; (“blessure grave”)

“SIU Director” means the Special Investigations Unit Director appointed under subsection 5 (1);
(“directeur de l’UES”)

“subject official” means, in respect of an incident referred to in subsection 15 (1), an official

whose conduct appears, in the opinion of the SIU Director, to have been a cause of the
incident; (“agent impliqué”)

“witness official” means an official who, in the opinion of the SIU Director, is involved in an
incident referred to in subsection 15 (1), but is not a subject official in relation to the
incident. (“agent témoin”)

Serious injuries
(2) A person sustains a serious injury if he or she,

(a) sustains an injury as a result of which he or she is admitted to a hospital;

(b) suffers a fracture to the skull, or to a limb, rib or vertebra;

(c) suffers burns to a significant proportion of his or her body;

324

(d) loses any portion of his or her body;

(e) as a result of an injury, experiences a loss of vision or hearing; or

(f) sustains a prescribed injury.

Interpretation, police matters

(3) Words and expressions used in this Act and in the regulations that relate to policing and
police matters have the same meanings as under the Police Services Act, unless the context
requires otherwise.

Officers appointed under the Interprovincial Policing Act, 2009

2. For the purposes of this Act, a person appointed as a police officer under the
Interprovincial Policing Act, 2009 is deemed to be,

(a) a member of the Ontario Provincial Police;

(b) if he or she was appointed by a member of a municipal police force, a member of that
municipal police force; or

(c) if he or she was appointed by a member of a board, a member of the municipal police
force for which the board is responsible.

Crown bound
3. This Act binds the Crown.

SPECIAL INVESTIGATIONS UNIT

Special Investigations Unit
4. (1) The special investigations unit of the Ministry of the Attorney General is continued
as a unit outside the Ministry under the name “Special Investigations Unit” in English and
“Unité des enquêtes spéciales” in French.

Composition
(2) The Special Investigations Unit shall be headed by the SIU Director and shall, in
addition to the SIU Director, consist of,
 325

(a) investigators appointed under section 6; and

(b) persons appointed as employees in the Special Investigations Unit in accordance with
section 8.

Special Investigations Unit Director

5. (1) The Lieutenant Governor in Council shall, on the recommendation of the Minister,
appoint a Special Investigations Unit Director.

Restriction, official or former official

(2) An official or former official may not be appointed as Special Investigations Unit
Director.

Restriction, requirements and qualifications

(3) A person may not be appointed as Special Investigations Unit Director unless he or she
meets the requirements and qualifications prescribed by the Minister, if any.

Term
(4) An appointment under subsection (1) shall be for a term of five years, and may be
renewed for one further term of five years.

Remuneration
(5) The Special Investigations Unit Director shall be paid such remuneration and allowance
for expenses as may be fixed by the Lieutenant Governor in Council.

Functions
(6) The Special Investigations Unit Director,

(a) shall oversee investigations conducted under this Act;

(b) shall, in accordance with any requirements prescribed by the Minister and in
consultation with such persons who represent the diversity of Ontario as the SIU
Director considers appropriate, provide training for employees in the Special
Investigations Unit that promotes recognition of and respect for,
326

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples;

(c) shall publish statistical reports for the purpose of informing the evaluation,
management and improvement of policing in Ontario; and

(d) shall perform the duties, and may exercise the powers, that are set out under this Act,
as well as any additional duties and powers that may be prescribed.

Delegation
(7) The Special Investigations Unit Director may, in writing, delegate any of his or her
powers or duties under this Act to an employee in the Special Investigations Unit, subject to
such conditions or restrictions as the Director may set out in the delegation.

Investigators
6. (1) The SIU Director may appoint as investigators such employees in the Special
Investigations Unit or other persons as he or she considers necessary to conduct investigations
under this Act, including for the making of preliminary inquiries under section 17, and the
appointments shall be in writing.

Restriction, official
(2) An official may not be appointed as an investigator.

Restriction, requirements and qualifications

(3) A person may not be appointed as an investigator unless he or she meets the
requirements and qualifications prescribed by the Minister, if any.

SIU Director as investigator

(4) Any power of an investigator appointed under this section may be exercised by the SIU
Director.

Peace officers
7. The SIU Director, a person to whom powers and duties are delegated under subsection 5
(7) and investigators are peace officers.
 327

Employees
8. (1) Such employees as are considered necessary for the proper conduct of the Special
Investigations Unit may be appointed under Part III of the Public Service of Ontario Act, 2006.

Restriction
(2) An official may not be appointed as an employee.

Collection, use and disclosure of personal information

Collection
9. (1) The SIU Director may, in accordance with this section, collect prescribed personal
information for the purposes of clause 5 (6) (c).

Limits on collection
(2) The SIU Director shall not collect personal information under this section if other
information will meet the purposes of clause 5 (6) (c), and shall not collect more personal
information under this section than is reasonably necessary to meet those purposes.

Manner of collection
(3) Personal information shall only be collected under this section directly from the
individual to whom the information relates, with the individual’s consent.

Same
(4) Despite subsection (3), if the regulations so provide, the SIU Director may, in the
circumstances specified by the regulations, collect such prescribed personal information as the
regulations specify in a manner other than directly from the individual to whom the information
relates.

Notice of direct collection

(5) Before seeking an individual’s consent to collect personal information directly from the
individual to whom the information relates, the SIU Director shall inform the individual of,

(a) the authority for and purposes of the collection; and

(b) the title and contact information, including an email address, of an employee in the
Special Investigations Unit who can answer the individual’s questions about the
collection.
328

Notice of indirect collection

(6) If the regulations referred to in subsection (4) provide for the collection of personal
information in a manner other than directly from the individual to whom the information relates,
the SIU Director shall, before collecting personal information in such a manner, ensure that
notice of the collection is published on the website of the Special Investigations Unit containing,

(a) a statement that the collection is authorized under subsection (1) and setting out the
purposes of the collection;

(b) the personal information and circumstances specified by the regulations referred to in
subsection (4) for the purposes of the collection; and

(c) the title and contact information, including an email address, of an employee in the
Special Investigations Unit who can answer an individual’s questions about the
collection.

De-identification
(7) The SIU Director shall immediately de-identify, in the prescribed manner, personal
information collected under this section.

Limits on use
(8) The SIU Director shall not use personal information collected under this section unless it
has been de-identified under subsection (7), and may only use de-identified personal information
for the purposes of clause 5 (6) (c).

Limit on access
(9) The SIU Director shall limit access to the personal information collected under this
section to employees in the Special Investigations Unit and investigators, for the purposes of,

(a) de-identifying the personal information under subsection (7); or

(b) disclosing personal information under subsection (10).

Limits on disclosure
(10) The SIU Director, an employee in the Special Investigations Unit or an investigator
may disclose personal information collected under this section only if,
 329

(a) the individual to whom the information relates has identified that information in
particular and consented to its disclosure;

(b) the disclosure is required by law, including as required under section 31 of the Human
Rights Code;

(c) subject to subsection (11), the disclosure is for the purpose of a proceeding or
contemplated proceeding, the information relates to or is a matter in issue in the
proceeding or contemplated proceeding, and,

(i) the SIU Director is, or is expected to be, a party, or

(ii) any of the following is, or is expected to be, a witness:

(A) a current or former employee in the Special Investigations Unit,

(B) a current or former investigator, or

(C) a former employee in or investigator with the special investigations

unit, before its continuance under this Act; or

(d) the disclosure is to the Information and Privacy Commissioner.

Same
(11) The SIU Director, an employee in the Special Investigations Unit or an investigator
shall not disclose personal information under clause (10) (c) if other information will meet the
purposes of the proceeding or contemplated proceeding, and shall not disclose more personal
information under that clause than is reasonably necessary to meet those purposes.

Other Acts
(12) In the event of a conflict, this section prevails over sections 38, 39, 41, 42 and 43 of the
Freedom of Information and Protection of Privacy Act, but the authority to collect, use and
disclose personal information under this section is subject to any limits on collection, use or
disclosure under any other law.
330

Rights of access and correction

(13) Nothing in this section limits the right of an individual under any Act to access and
correct personal information about the individual.

Non-application
(14) For greater certainty, this section does not apply with respect to personal information
lawfully collected by the SIU Director for a purpose other than for the purposes of clause 5 (6)
(c).

Agreements with other entities

10. The SIU Director may, subject to any prescribed conditions or restrictions, enter into
agreements with a First Nation in Ontario, the Government of Canada, the government of
another province or territory of Canada, a Canadian municipality outside Ontario or any other
entity outside Ontario, for the purpose of conducting or assisting with investigations.

Annual report
11. (1) The SIU Director shall prepare an annual report on the affairs of the Special
Investigations Unit, provide it to the Minister and make it available to the public.

Same
(2) The SIU Director shall comply with such directives as may be issued by the
Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(c) when and how to make it available to the public.

Same
(3) The SIU Director shall include such additional content in the annual report as may be
prescribed by the Minister.

Confidentiality
12. The SIU Director and every investigator, employee in the Special Investigations Unit
and person exercising powers or performing duties at the direction of the SIU Director shall
preserve secrecy in respect of all information obtained by him or her in the course of exercising
 331

a power or performing a duty under this Act, and shall not communicate any such information to
any person except,

(a) as may be required in connection with the administration of this Act or the Police
Services Act, or the regulations made under either of them;

(b) to his or her counsel;

(c) as may be required for law enforcement purposes;

(d) with the consent of the person, if any, to whom the information relates; or

(e) where disclosure is otherwise required by law.

Protection from personal liability

13. (1) No action or other proceeding may be instituted against the SIU Director, an
investigator, an employee in the Special Investigations Unit or a person exercising powers or
performing duties at the direction of the SIU Director for any act done in good faith in the
execution or intended execution of the person’s duty or for any alleged neglect or default in the
execution in good faith of the person’s duty.

Crown not relieved of liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection
(1) of this section does not relieve the Crown of liability in respect of a tort committed by a
person mentioned in subsection (1) to which the Crown would otherwise be subject.

Protection from giving testimony

14. (1) The SIU Director, an investigator, an employee in the Special Investigations Unit or
a person exercising powers or performing duties at the direction of the SIU Director shall not be
required to give testimony in a civil proceeding with respect to information obtained by him or
her in the course of exercising a power or performing a duty under this Act or a predecessor of
this Act.

Inadmissibility of documents
(2) A document prepared under this Act by the SIU Director, an investigator, an employee
in the Special Investigations Unit or a person exercising powers or performing duties at the
direction of the SIU Director is not admissible in a civil proceeding.
332

INVESTIGATIONS
Power to investigate
15. (1) The SIU Director may cause an investigation to be conducted into any incident in
which any of the following occurs, if the incident may have resulted from criminal conduct by
an official:

1. The death of a person.

2. The serious injury of a person.

3. The discharge of a firearm at a person.

4. The sexual assault of a person, as reported by the person.

Application of section to officials

(2) This section applies in respect of an official if, at the time of the incident,

(a) the official was on duty; or

(b) the official was off-duty but,

(i) engaged in the investigation, pursuit, detention or arrest of a person or

otherwise exercised the powers of a police officer, special constable or peace
officer, as the case may be, whether or not the official intended to exercise
such powers or identified him or herself as a person who may exercise such
powers, or

(ii) the incident involved equipment or other property issued to the official in
relation to his or her duties.

Interpretation, firearm
(3) For the purposes of paragraph 3 of subsection (1),
 333

“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), other than a
firearm prescribed by the Minister.

Former official
(4) The SIU Director may cause an incident that may have resulted from the conduct of an
official to be investigated under subsection (1) even if the official is no longer serving in that
position.

Past incident
(5) The SIU Director may cause an incident that occurred before subsection (1) came into
force to be investigated under that subsection, but only if the incident may have resulted from
the conduct of a person who was a police officer at the time of the incident.

Same
(6) For greater certainty, subsection (5) includes an incident that occurred before the
establishment of the special investigations unit that is continued by this Act.

Notice
(7) Unless the SIU Director received notification of the incident under section 16, the SIU
Director shall give notice of an investigation commenced under this section to the official’s
designated authority.

Notification of incident
16. (1) A designated authority shall immediately notify the SIU Director of an incident
referred to in subsection 15 (1) involving an official in relation to whom the authority is
designated in any of the following circumstances:

1. In the case of an incident referred to in paragraph 1 or 2 of subsection 15 (1),

i. if the official used force against the affected person,

ii. if the affected person was detained by or in the custody of the official,

iii. if the affected person was involved in a motor vehicle accident involving the
official or pursuit by the official, or
334

iv. in any other circumstance in which the designated authority reasonably

believes that the official’s conduct may have been a contributing factor in the
incident.

2. In any case of an incident referred to in paragraph 3 or 4 of subsection 15 (1).

Same
(2) For greater certainty, a designated authority is not required to notify the SIU Director
respecting an incident referred to in subsection 15 (1) except in the circumstances set out in
subsection (1).

Off-duty officials
(3) For greater certainty, subsection (1) applies in relation to an official who was off-duty at
the time of the incident, unless it is clear that section 15 does not apply to the official under
subsection 15 (2).

Investigation
(4) On receiving notice of an incident under subsection (1), the SIU Director may, subject to
subsection (5), cause the incident to be investigated under section 15.

Refusal to investigate
(5) If the SIU Director determines that the incident is not within the SIU Director’s power to
investigate under section 15, the SIU Director shall refuse to investigate, and shall give notice of
the fact to the official’s designated authority.

Preliminary inquiries
17. (1) The SIU Director may, for the purposes of determining whether an investigation
may be conducted under section 15 into an incident involving an official or whether to cause
such an investigation to be conducted, make such preliminary inquiries as the SIU Director
considers to be necessary in the circumstances in order to make the determination.

Notice
(2) Unless the SIU Director received notification of the incident from the official’s
designated authority under section 16, the SIU Director shall give notice of the making of
preliminary inquiries under this section to that designated authority.
 335

Lead investigator
18. Except in the prescribed circumstances, the SIU Director is the lead investigator in the
investigation of an incident or matter under this Act, and shall have priority over,

(a) any police force investigating the incident or matter; and

(b) any other body that may be prescribed.

Assignment of investigators
19. (1) The SIU Director shall assign investigators for the purpose of making preliminary
inquiries and conducting investigations under this Act.

Restriction
(2) An investigator who was a member of a police force shall not be assigned to participate
in a preliminary inquiry or investigation that relates to a member of that police force, and shall
not participate in such a preliminary inquiry or investigation.

Securing the scene

20. (1) If the SIU Director causes an investigation to be conducted into an incident under
section 15 or makes preliminary inquiries under section 17 respecting the incident, every
designated authority who receives notice from the SIU Director under one of those sections, or
who gives notice to the SIU Director under section 16, shall ensure that any officials or
employees over which the designated authority has authority who are at the scene of the incident
take any lawful measures that appear to them to be necessary for the purposes of protecting,
obtaining or preserving evidence relating to the incident, until an investigator takes charge of the
scene.

Contrary direction
(2) Subsection (1) is subject to any direction to the contrary given by the SIU Director or an
investigator.

Incident notes
21. (1) Every official who may be a subject official or witness official shall complete, in
full, notes on the incident.

Same
(2) The requirement of an official to complete incident notes applies in accordance with any
duties respecting such notes to which the official is subject.
336

Timing
(3) The incident notes shall be completed by the end of the official’s shift, except where
excused by the official’s designated authority.

Notice
(4) The designated authority shall give written notice of an excusal under subsection (3) to
the SIU Director, with reasons.

Other notes
(5) For greater certainty, incident notes do not include other types of notes such as
occurrence reports, arrest reports, duty reports, logs or canine training records.

Notice of whether subject official or witness official

22. (1) Before requesting an interview with an official or requesting a copy of an official’s
incident notes for the purposes of an investigation under section 15, an investigator shall give
written notice to the official and to the official’s designated authority as to whether the official is
considered for the purposes of the investigation to be a subject official or a witness official.

Notice of change
(2) If, at any time after notice is given under subsection (1), the SIU Director determines
that a subject official should instead be considered to be a witness official in respect of an
investigation or vice versa, the SIU Director shall give written notice of the change to the
official and to the official’s designated authority.

Provision of notes by witness official

Incident notes
23. (1) If an investigator requests a copy of the incident notes of a witness official for the
purposes of an investigation under section 15,

(a) the witness official shall, no later than 24 hours after the request is made, give the
original notes to his or her designated authority; and

(b) the designated authority shall, no later than 24 hours after the request is made or such
later time as the investigator may permit, give a copy of the notes to the investigator.
 337

Other notes
(2) If an investigator requests a copy of any other notes of a witness official for the purposes
of an investigation under section 15, the witness official’s designated authority shall give a copy
of the notes to the investigator.

Notes of subject official

Incident notes
24. (1) No person shall give to an investigator the original or a copy of any incident notes
of a subject official respecting the incident that are made,

(a) after the commencement of an investigation into the incident; or

(b) after the incident, if the investigation into the incident is commenced, or notice under
section 16 respecting the incident is given, less than 24 hours, or such other number of
hours as may be prescribed, after the incident occurs.

Change to subject official

(2) If notice is given under subsection 22 (2) that an official who was considered to be a
witness official in respect of an investigation at the time that a request for a copy of his or her
incident notes was made should instead be considered to be a subject official in the
investigation, the SIU Director shall return to the official’s designated authority the original and
all copies of the incident notes referred to in clause (1) (a) or (b), as applicable, that are in the
possession of the Special Investigations Unit.

Other notes
(3) If an investigator requests a copy of any notes of a subject official other than incident
notes referred to in clause (1) (a) or (b), as applicable, for the purposes of an investigation under
section 15, the subject official’s designated authority shall give a copy of the notes to the
investigator.

Interview of witness officials

25. (1) An investigator may, for the purposes of an investigation under section 15, request
an interview with a witness official by making the request to the witness official, to the witness
official’s designated authority or both.
338

Duty to appear
(2) If an investigator requests an interview with a witness official in accordance with
subsection (1), the witness official shall meet with the investigator, and shall answer the
investigator’s reasonable questions.

Same, location and timing

(3) The witness official shall meet with the investigator,

(a) immediately when the request for the interview is first made or, if there are
appropriate grounds for delay, no later than 24 hours after the request is first made; or

(b) at such later time as the investigator may specify.

Same
(4) In determining whether to specify a later time under clause (3) (b), the investigator shall
consider any specific circumstances raised by the official, such as any travel requirements.

Record of interview
(5) An interview with a witness official may not be audio recorded except by the
investigator, and may not be video recorded except by the investigator with the consent of the
witness official.

Same, copy for witness official

(6) A copy of the record of an interview with a witness official shall be given to the witness
official as soon as it becomes available, subject to any conditions that the investigator may
specify.

Same, change to subject official

(7) If notice is given under subsection 22 (2) that an official who was considered to be a
witness official in respect of an investigation at the time that a request for an interview was
made should instead be considered to be a subject official in the investigation, the SIU Director
shall give the official the original and all copies of the record of the interview, if any.

Segregation of officials
26. (1) The designated authority or authorities of the officials involved in an incident that is
the subject of an investigation under section 15 shall, to the extent that is practicable, segregate
those officials from one another until the investigators have completed their interviews.
 339

No communication between officials

(2) An official involved in an incident that is the subject of an investigation under section 15
shall not communicate, directly or indirectly, with any other official involved in the incident
concerning their involvement, until the investigators have completed their interviews.

Application to off-duty officials

(3) In this section, a reference to an official includes any other official involved in the
incident, regardless of whether he or she was on duty at the time of the incident.

Right to counsel
27. (1) Subject to subsection (2), every subject official and witness official in an
investigation is entitled to consult with legal counsel, a representative of any applicable union,
association or collective bargaining agent, or both, and to have one or both present during his or
her interview with an investigator.

Exception
(2) Subsection (1) does not apply in respect of a legal counsel or a representative if, in the
opinion of the SIU Director, waiting for the legal counsel or representative would cause an
unreasonable delay in the investigation.

Limitation
(3) Witness officials may not be represented by the same legal counsel as subject officials.

Confidentiality
28. (1) Information respecting an ongoing investigation or preliminary inquiries under this
Act or the incident or matter that is the subject of an investigation or preliminary inquiries shall
not be disclosed to any person, except as permitted or required by this Act, the Police Services
Act or the regulations made under either of them, by,

(a) a member of a police force;

(b) an official; or

(c) a designated authority.

340

Exception, Interprovincial Policing Act, 2009

(2) Despite subsection (1), a police officer appointed under the Interprovincial Policing Act,
2009 may disclose the information to his or her extra-provincial commander, and the chief of
police of the police force of which such a police officer is a member may disclose the
information to,

(a) the police officer’s extra-provincial commander; or

(b) if the investigation or preliminary inquiries relate to the police officer and the chief of
police is not the police officer’s appointing official, the appointing official.

Certain disclosure permitted

(3) Subsection (1) does not prevent,

(a) a police force from disclosing to a person that the SIU Director has been notified of an
incident or matter involving an official who is a member of the police force and is
making preliminary inquiries or conducting an investigation into it; and

(b) any disclosure authorized by the regulations that the SIU Director has been notified of
an incident or matter involving an official who is not a member of a police force and
is making preliminary inquiries or conducting an investigation into it.

Public statements by SIU

29. The SIU Director may issue public statements respecting an ongoing investigation or
preliminary inquiries under this Act, if,

(a) the statement is aimed at preserving public confidence; and

(b) the benefit of preserving public confidence clearly outweighs any detriment to the
integrity of the investigation or inquiries.

Delegation
By chief of police
30. (1) A chief of police who is a designated authority under this Act may, in writing,
delegate any of his or her powers or duties as designated authority to a senior officer of the chief
of police’s police force, subject to such conditions or restrictions as the chief may set out in the
delegation.
 341

By other designated authorities

(2) If so provided by the regulations made by the Minister, a designated authority other than
a chief of police may, in writing, delegate any of his or her powers or duties as designated
authority to a person or persons specified by those regulations, subject to such conditions or
restrictions as the designated authority may set out in the delegation.

Duty to comply
31. (1) The following persons shall comply with any reasonable direction or request
received from the SIU Director or an investigator in relation to an investigation under this Act,
immediately or as otherwise specified under this Act, unless it is unlawful or impracticable to do
so:

1. An official, other than a subject official.

2. A designated authority or a person to whom powers or duties are delegated under

section 30.

3. Any person over whom a designated authority has authority, including any
employees.

4. An appointing official.

5. Any other person who may be prescribed.

Notification
(2) The SIU Director shall immediately advise an official and the official’s designated
authority respecting a failure of the official to comply with subsection (1) and, in doing so, shall
inform each of them of the penalty to which a person is liable under subsection (3) on conviction
of a failure to comply.

Offence and penalty

(3) A person who fails to comply with subsection (1) is guilty of an offence and on
conviction is liable,
342

(a) in the case of a first offence, to a fine of not more than $5,000, to imprisonment for a
term of not more than one year, or to both; or

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to
imprisonment for a term of not more than one year, or to both.

Securing the scene

(4) Nothing in this section affects or detracts from any requirement to which an official may
be subject under section 20.

Charges
Criminal offences
32. (1) If, as a result of an investigation under this Act, the SIU Director determines that
there are reasonable grounds to believe that an official has committed an offence under the
Criminal Code (Canada), the SIU Director shall cause charges to be laid against the official.

Other offences
(2) If, as a result of an investigation under this Act, the SIU Director determines that there
are reasonable grounds to believe that an official has committed an offence under any other law
of Canada or under Ontario law, the SIU Director may cause charges to be laid against the
official.

Public notice if charges laid against official re incident

33. (1) Subject to subsections (2) and (3), if an investigation under section 15 results in
charges being laid against an official, the SIU Director shall, as soon as practicable, give public
notice setting out the following, but no other, information:

1. The official’s name.

2. The charges laid and on what date.

3. Information respecting the official’s first scheduled court appearance respecting the
charges, if known.

4. Any other information that may be prescribed.

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Omission of official’s name

(2) If the public release of the official’s name may result in the identity of a person who
reported that he or she was sexually assaulted being revealed in connection with the sexual
assault, the SIU Director may omit the official’s name from the notice, subject to prior
consultation with the person.

Other omissions
(3) If the regulations so provide, the SIU Director shall, in the prescribed circumstances,
omit the information specified by the regulations from a notice.

Public notice if no charges laid against official re incident

34. (1) If an investigation under section 15 does not result in charges being laid against an
official, the SIU Director shall publish a report on the website of the Special Investigations Unit
containing the following information:

1. The reasons why the investigation was thought to be authorized under section 15.

2. A detailed narrative of the events leading to the investigation.

3. A summary of the investigative process, including a timeline noting any delays.

4. A summary of the relevant evidence considered, subject to subsection (2).

5. Any relevant video, audio or photographic evidence, de-identified to the extent

possible, subject to subsection (2).

6. The reasons for not laying a charge against the official.

7. Any other information that may be prescribed.

Omission and reasons

(2) The SIU Director may omit from the report any information required to be provided
under paragraph 4 or 5 of subsection (1), if the SIU Director is of the opinion that a person’s
privacy interest in not having the information published clearly outweighs the public interest in
having the information published, and includes in the report the reasons for the omission.
344

Excluded information
(3) The SIU Director shall ensure that the following information is not included in the
report:

1. The name of, and any information identifying, a subject official, witness official,
civilian witness or affected person.

2. Information that may result in the identity of a person who reported that he or she was
sexually assaulted being revealed in connection with the sexual assault.

3. Information that, in the opinion of the SIU Director, could lead to a risk of serious
harm to a person.

4. Information that discloses investigative techniques or procedures.

5. Information, the release of which is prohibited or restricted by law.

6. Any other information that may be prescribed.

Report copies
(4) The SIU Director shall give a copy of the report to each of the following persons:

1. The affected person or, if he or she is deceased, to his or her next of kin.

2. Each subject official in the investigation.

3. Each designated authority of a subject official or witness official in the investigation.

4. The Minister.

Same, minor or incapable person

(5) If a person referred to in paragraph 1 of subsection (4) is a minor or is incapable as
defined in the Substitute Decisions Act, 1992, the copy shall be given to,
 345

(a) the person’s parent or guardian, in the case of a minor; or

(b) in the case of an incapable person who is not a minor, the incapable person and his or
her substitute decision maker under that Act.

No publication
(6) Despite subsection (1), if the incident investigated under section 15 was the reported
sexual assault of the affected person, and the SIU Director is of the opinion that the person’s
privacy interests in not having the report published clearly outweighs the public interest in
having the report published, the SIU Director may decide not to publish the report, subject to
prior consultation with the person.

Investigation timing
35. (1) The SIU Director shall endeavour to ensure that, no later than 120 days after the
commencement of an investigation under this Act into the conduct of an official,

(a) the investigation is concluded; and

(b) public notice is given under subsection 33 (1) or 34 (1).

Status report
(2) If the timing requirements of subsection (1) are not met, the SIU Director shall make a
public statement respecting the status of the investigation every 30 days following the expiry of
the 120-day period referred to in that subsection.

Exception
(3) Subsection (2) does not apply in respect of a requirement to make a public statement if,
in the opinion of the SIU Director, doing so may compromise the integrity of the investigation.

Referral of possible criminal conduct by official to police chief

36. (1) If, during an investigation under this Part, a matter comes to the attention of the SIU
Director which does not constitute an incident that may be investigated under section 15, but
which may nevertheless constitute criminal conduct by an official or an offence under section 31
of this Act committed by an official, the SIU Director may refer the matter to the following
person:

1. If the official is a police officer, to the chief of police of an unrelated police force.
346

2. In any other case, to any chief of police.

Application of section to officials

(2) This section applies if, during the alleged occurrence of the conduct or committal of the
offence, the official met the criteria of clause 15 (2) (a) or (b), with necessary modifications.

Notice
(3) The SIU Director shall give notice of a referral under subsection (1) to the official’s
designated authority.

Access to SIU files

(4) If the SIU Director refers a matter to a person under subsection (1), the SIU Director
may make the files of the Special Investigations Unit respecting the matter available to the
person.

Transition
37. An investigation commenced but not concluded under Part VII of the Police Services
Act before the day that Part was repealed is continued under this Act.

REGULATIONS
Regulations
Lieutenant Governor in Council
38. (1) The Lieutenant Governor in Council may, subject to section 39, make regulations
respecting any matter necessary or advisable to carry out effectively the intent and purpose of
this Act, including regulations,

(a) respecting anything that, in this Act, may or must be prescribed or done by regulation,
other than by the Minister;

(b) permitting, requiring or otherwise providing for the disclosure of information

respecting an ongoing investigation or preliminary inquiries under this Act or the
incident or matter that is the subject of an investigation or preliminary inquiries, for
the purposes of section 28;

(c) governing transitional matters relating to the enactment of this Act.

 347

Minister
(2) The Minister may make regulations,

(a) respecting anything that, in this Act, may or must be prescribed by the Minister or
done by regulation made by the Minister;

(b) governing the operating policies and procedures of the Special Investigations Unit,
including requiring that any of the policies or procedures be made available to the
public;

(c) governing the requirements and qualifications for appointment as an investigator

under section 6, including in relation to training, evaluation and accreditation;

(d) establishing classes of investigators appointed under section 6 and setting out
requirements and qualifications for each class;

(e) governing the making of preliminary inquiries by the SIU Director under section 17,
including requiring the SIU Director to report in the specified manner to one or more
specified persons respecting a determination that an investigation not be conducted
and governing the publication of any such report;

(f) governing the assignment of investigators under section 19 to preliminary inquiries

and investigations under this Act, including,

(i) providing for a limit on the number or proportion of former officials that may
be assigned as investigators, or as a class of investigators prescribed under
clause (d), in relation to a preliminary inquiry or investigation or a class of
preliminary inquiries or investigations, and

(ii) restricting the assignment of specified investigators to participate in

preliminary inquiries or investigations that relate to officials or classes of
officials who are not members of a police force, and requiring that such
investigators not participate in such preliminary inquiries or investigations.
348

Public consultation before making L.G. in C. regulations

39. (1) The Lieutenant Governor in Council shall not make any regulation under subsection
38 (1) unless,

(a) the Minister has published a notice of the proposed regulation on a website of the
Government of Ontario and given the notice by any other means that the Minister
considers appropriate;

(b) the notice complies with the requirements of this section;

(c) the time period specified in the notice, during which members of the public may
exercise a right described in clause (2) (b) have expired;

(d) the Minister has considered whatever comments and submissions members of the
public have made on the proposed regulation in accordance with clause (2) (b); and

(e) the Minister has reported to the Lieutenant Governor in Council on what, if any,
changes to the proposed regulation the Minister considers appropriate.

Contents of notice
(2) The notice referred to in clause (1) (a) shall contain,

(a) a description of the proposed regulation;

(b) a statement of the time period during which members of the public may submit
written comments on the proposed regulation to the Minister and the manner in which
the comments must be submitted;

(c) a statement of where and when members of the public may review written information
about the proposed regulation;

(d) the publication date of the notice; and

(e) any other information that the Minister considers appropriate.

 349

Time period for comments

(3) The time period referred to in clause (2) (b) shall be at least 45 days after the Minister
publishes the notice referred to in clause (1) (a), unless the Minister shortens the time period in
accordance with subsection (4).

Shorter time period for comments

(4) The Minister may shorten a time period if, in the Minister’s opinion,

(a) the urgency of the situation requires it;

(b) the proposed regulation clarifies the intent or operation of this Act or the regulations;
or

(c) the proposed regulation is of a minor or technical nature.

Discretion to make regulations

(5) On receiving the Minister’s report referred to in clause (1) (e), the Lieutenant Governor
in Council, without further notice under subsection (1), may make the proposed regulations with
any changes the Lieutenant Governor in Council considers appropriate, whether or not those
changes are mentioned in the Minister’s report.

No public consultation
(6) The Minister may decide that this section should not apply to the power of the
Lieutenant Governor in Council to make a regulation under subsection 38 (1) if, in the
Minister’s opinion, any of the circumstances set out in subsection (4) apply.

Same
(7) If the Minister decides that this section should not apply to the power of the Lieutenant
Governor in Council to make a regulation under subsection 38 (1),

(a) this section does not apply to the power of the Lieutenant Governor in Council to
make the regulation; and

(b) the Minister shall give notice of the decision to the public as soon as is reasonably
possible after making the decision.
350

Publication of notice
(8) The Minister shall publish the notice referred to in clause (7) (b) on a website of the
Government of Ontario and give the notice by any other means that the Minister considers
appropriate.

Contents of notice
(9) The notice referred to in clause (7) (b) shall include a statement of the Minister’s reasons
for making the decision, the publication date of the notice and any other information the
Minister considers appropriate.

No review
(10) Subject to subsection (11), a court shall not review any action, decision, failure to take
action or failure to make a decision by the Minister or the Lieutenant Governor in Council under
this section.

Exception
(11) Any person resident in Ontario may make an application for judicial review under the
Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by
subsections (1) to (9) of this section.

Time for application

(12) No person shall make an application under subsection (11) with respect to a regulation
later than 21 days after the Minister publishes a notice on a website of the Government of
Ontario with respect to the regulation.

AMENDMENTS TO THIS ACT

Amendments to this Act
40. (1) The following provisions of this Act are amended by striking out “police force”
wherever it appears and substituting in each case “police service”:

1. Clause (a) of the definition of “designated authority” in subsection 1 (1).

2. Clause 18 (a).

3. Subsection 19 (2).
 351

4. Clause 28 (1) (a) and subsections 28 (2) and (3).

5. Subsection 30 (1).

6. Paragraph 1 of subsection 36 (1).

7. Subclause 38 (2) (f) (ii).

(2) The following provisions of this Act are amended by striking out “Police Services
Act” wherever it appears and substituting in each case “Community Safety and Policing
Act, 2019”:

1. Subsection 1 (3).

2. Clause 12 (a).

3. Subsection 28 (1) of the Act, in the portion before clause (a).

(3) Clauses 2 (b) and (c) of the Act are repealed and the following substituted:

(b) if he or she was appointed by a member of a police service maintained by a police

service board, a member of that police service; or

(c) if he or she was appointed by a member of a police service board, a member of the
police service maintained by the police service board.

(4) The Act is amended by adding the following sections:

Notice to Complaints Director

35.1 (1) If, during an investigation under this Part, a complaint or issue respecting the
conduct of a person against whom a complaint may be brought under Part X of the Community
Safety and Policing Act, 2019 is raised and the conduct may constitute misconduct as defined in
that Act, the SIU Director shall notify the Complaints Director under that Part.
352

Access to SIU files

(2) Subject to subsection (3), the SIU Director may make the files of the Special
Investigations Unit respecting an investigation under this Part available to the Complaints
Director, on the Complaints Director’s request, other than any document, information or thing
that the Complaints Director would not be entitled to obtain or have access to under the
Community Safety and Policing Act, 2019.

Restriction
(3) Subsection (2) applies only after the investigation is concluded.

Notice to individual not required

(4) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not
apply to subsection (2) of this section.

Notice to Inspector General of Policing

35.2 If, during an investigation under this Part, a complaint or issue respecting a matter
referred to in subsection 106 (1) or 107 (1) of the Community Safety and Policing Act, 2019 is
raised, the SIU Director shall notify the Inspector General of Policing.

REPEALS, REVOCATIONS AND COMPLEMENTARY AMENDMENTS

Ontario Special Investigations Unit Act, 2018
41. The Ontario Special Investigations Unit Act, 2018 is repealed.

Police Services Act

42. Part VII of the Police Services Act is repealed.

Revocations
43. The following regulations are revoked:

1. Ontario Regulation 355/18 (Immediate Medical Care), made under the Ontario
Special Investigations Unit Act, 2018.

2. Ontario Regulation 356/18 (General), made under the Ontario Special

Investigations Unit Act, 2018.
 353

3. Ontario Regulation 267/10 (Conduct and Duties of Police Officers Respecting

Investigations by the Special Investigations Unit), made under the Police Services
Act.

COMMENCEMENT AND SHORT TITLE

Commencement
44. (1) Subject to subsections (2) and (3), the Act set out in this Schedule comes into
force on a day to be named by proclamation of the Lieutenant Governor.

(2) Section 40 comes into force on the later of the day section 1 of this Schedule comes
into force and the day section 1 of Schedule 1 (Community Safety and Policing Act, 2019) to
the Comprehensive Ontario Police Services Act, 2019 comes into force.

(3) Section 41 and paragraphs 1 and 2 of section 43 come into force on the day the
Comprehensive Ontario Police Services Act, 2019 receives Royal Assent.

Short title
45. The short title of the Act set out in this Schedule is the Special Investigations Unit
Act, 2019.
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SCHEDULE 6
CORONERS ACT
1. (1) The definitions of “auxiliary member”, “First Nations Constable”, “police
force” and “special constable” in subsection 1 (1) of the Coroners Act are repealed and the
following substituted:

“auxiliary member”, “First Nation Officer”, “police service” and “special constable” have the
same meaning as in the Community Safety and Policing Act, 2019; (“membre auxiliaire”,
“agent de Première Nation”, “service de police”, “agent spécial”)

(2) The definition of “special investigations unit” in subsection 1 (1) of the Act is
repealed.

2. (1) Subsection 5.2 (1) of the Act is amended by adding “for the purposes of
subsection (2)” at the end.

(2) Subsection 5.2 (2) of the Act is amended by striking out “a regional coroner or”.

3. (1) Subsection 9 (1) of the Act is amended by striking out “the locality in which a
coroner has jurisdiction shall make available to the coroner” and substituting “the area in
which a body is found shall make available to a coroner”.

(2) Subsection 9 (1) of the Act, as amended by subsection (1), is amended by,

(a) striking out “police force” and substituting “police service”; and

(b) striking out “police officers” and substituting “members of the police service”.

(3) Subsection 9 (2) of the Act is amended by striking out “police force” and
substituting “police service”.

4. (1) Subsection 10 (4) of the Act is repealed and the following substituted:
 355

Death on premises of lock-up

(4) Where a person dies while detained in and on the premises of a lock-up, the officer in
charge of the lock-up shall immediately give notice of the death to a coroner and the coroner
shall hold an inquest upon the body.

(2) Subsection 10 (4.6.1) of the Act is amended by,

(a) striking out “police force” in the portion before clause (a) and substituting
“police service”; and

(b) striking out “First Nations Constable” wherever it appears and substituting in
each case “First Nation Officer”.

(3) Clause 10 (4.6.2) (c) of the Act is repealed and the following substituted:

(c) the use of force by a police officer, auxiliary member of a police service, special
constable or First Nation Officer was a cause of the person’s death.

(4) Subsection 10 (4.6.3) of the Act is repealed and the following substituted:

Other deaths if SIU is investigating

(4.6.3) If the special investigations unit is conducting an investigation into an incident in
which the death of a person has occurred other than an incident described in subsection (4.6.2),
the Chief Coroner shall ensure that a coroner investigates the circumstances of the death.

(5) Subsection 10 (4.6.3) of the Act, as enacted by subsection (4), is repealed and the
following substituted:

Other deaths if SIU is investigating

(4.6.3) If the Special Investigations Unit Director causes an investigation to be conducted
into an incident in which the death of a person has occurred other than an incident described in
subsection (4.6.2), the Chief Coroner shall ensure that a coroner investigates the circumstances
of the death.

5. Section 15 of the Act is amended by adding the following subsection:

356

Determination
(1.1) For the purpose of subsection (1), in order to determine whether there is reason to
believe that the person died in any of the circumstances mentioned in section 10, a coroner may,

(a) require a person with knowledge about the deceased or of the death to provide
information about the facts and circumstances relating to the deceased or the death
that the coroner considers necessary to determine whether there is reason to believe
that the person died in the circumstances mentioned in section 10; and

(b) inspect and extract information from any records or writings relating to the deceased
or his or her circumstances.

6. (1) Subsection 16 (5) of the Act is repealed and the following substituted:

Return of seized thing

(5) A coroner who has seized anything under clause (2) (c) shall,

(a) offer it for safekeeping to a member of the police force described in subsection 9 (1)
or, if applicable, a member of another police force providing assistance under
subsection 9 (2);

(b) if the member of the police force does not accept it for safekeeping, take reasonable
measures to keep it safe; and

(c) return it to the person from whom it was seized as soon as possible after the
conclusion of the investigation or, where there is an inquest, of the inquest, unless the
coroner is authorized or required by law to dispose of it otherwise.

(2) Subsection 16 (5) of the Act, as amended by subsection (1), is amended by striking
out “police force” wherever it appears and substituting in each case “police service”.

(3) Subsection 16 (6) of the Act is amended by striking out “in the performance of his
or her duties or a person” in the portion after clause (b) and substituting “in the exercise
of his or her powers or the performance of his or her duties, or a person”.
 357

7. Subsection 16.1 (1) of the Act is amended by adding “or the powers of a coroner
under subsection 15 (1.1)” at the end.

8. Subsection 18 (2) of the Act is amended by striking out “special investigations unit”
and substituting “Special Investigations Unit”.

9. The Act is amended by adding the following section:

Previously investigated deaths

25.1 (1) Without limiting the generality of section 25, the Chief Coroner may exercise the
powers in subsection 25 (1) in respect of a death that has previously been investigated, or
subject to an inquest, by a coroner, which may include causing an investigation into one or more
deaths to be conducted only for the purpose set out in clause 15 (1) (c).

Powers and duties

(2) When conducting an investigation into a previously investigated death, a coroner may
exercise all the powers of a coroner under this Act and shall satisfy the duties under this Act that
the Chief Coroner specifies in connection with the investigation.

10. The French version of subsection 34 (1) of the Act is amended by striking out
“d’une localité” and substituting “d’une région”.

11. Subsection 48 (2) of the Act is amended by striking out “police force having
jurisdiction in the locality” and substituting “police service having jurisdiction in the
area”.

Safer Ontario Act, 2018

12. Subsections 1 (2) to (5), section 3, subsections 4 (2), (5), (7), and (8), subsection 7 (2)
and subsection 12 (1) of Schedule 6 to the Safer Ontario Act, 2018 are repealed.

Commencement
13. (1) Subject to subsection (2), this Schedule comes into force on the day the
Comprehensive Ontario Police Services Act, 2019 receives Royal Assent.

(2) Section 1, subsections 3 (2) and (3), 4 (2), (3) and (5) and 6 (2) and sections 8 and 11
come into force on a day to be named by proclamation of the Lieutenant Governor.
358
 359

SCHEDULE 7
MANDATORY BLOOD TESTING ACT, 2006
1. Section 1 of the Mandatory Blood Testing Act, 2006 is amended by adding the
following definitions:

“business day” means a day from Monday to Friday, other than a holiday as defined in section
87 of the Legislation Act, 2006; (“jour ouvrable”)

“Minister” means the member of the Executive Council to whom responsibility for the
administration of this Act is assigned or transferred under the Executive Council Act;
(“ministre”)

2. Section 3 of the Act is repealed and the following substituted:

Referral to Board and request for voluntary blood sample and analysis
3. (1) Upon the receipt of an application by a person under section 2 that meets the
requirements of the regulations, the medical officer of health shall,

(a) immediately refer the application to the Board; and

(b) attempt to contact the respondent and request that the respondent provide either,

(i) a blood sample for the purpose of having it analysed in accordance with the
regulations, or

(ii) other evidence of his or her seropositivity respecting the listed communicable
diseases that is in accordance with the regulations.

Notice of referral to Board

(2) Where the medical officer of health contacts the respondent under clause (1) (b), the
medical officer of health shall advise the respondent that,

(a) the application has been referred to the Board; and

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(b) if the respondent fails to provide a blood sample or other evidence voluntarily, the
Board, after a hearing, may make an order requiring the respondent to provide the
blood sample.

Voluntary sample or evidence provided

(3) If, before the Board renders a decision under section 5, the Board is satisfied based on
the evidence it receives that the respondent has provided a blood sample or other evidence of his
or her seropositivity, the Board is not required to further hear the matter or to render a decision.

Withdrawal of application
(4) An applicant may, at any time before the Board renders a decision under section 5,
withdraw his or her application in accordance with the regulations and if an applicant has done
so the Board shall terminate the hearing.

3. (1) Subsection 4 (1) of the Act is amended by striking out “section 3” and
substituting “clause 3 (1) (a)”.

(2) Subsections 4 (2) to (4) of the Act are repealed and the following substituted:

Parties
(2) The parties to the hearing are the applicant, the respondent and any other persons,
including any medical professionals, specified by the Board.

Timing of hearing
(3) Subject to subsection (4) and despite subsections 75 (2) and (3) of the Health Care
Consent Act, 1996, the Board shall commence and conclude the hearing and render its decision
within five business days after it receives the referral of the application.

Extension
(4) Subject to section 5.1, the Board may commence or conclude the hearing within a longer
period than the five business days required by subsection (3) in the prescribed circumstances.

4. (1) Clause 5 (1) (e) of the Act is amended by striking out “seven days” and
substituting “30 days”.

(2) Clause 5 (2) (a) of the Act is repealed and the following substituted:
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(a) requiring the respondent to allow a physician or a person belonging to a prescribed

class of persons to take a blood sample from the respondent within two business days
after the order is provided to the respondent or the respondent’s counsel or agent;

(3) Subsections 5 (3) and (4) of the Act are repealed and the following substituted:

Notice of decision, order

(3) Subject to subsection (4), the Board shall, on the day it renders its decision, provide each
party or the party’s counsel or agent and the medical officer of health who referred the
application to the Board with a copy of the Board’s decision and of any order made by the
Board.

Extension
(4) Subject to section 5.1, the Board may provide a party or a party’s counsel or agent with a
copy of the Board’s decision and of any order made by the Board within a longer period than the
period required by subsection (3) in the prescribed circumstances.

5. The Act is amended by adding the following section:

Exceptional circumstances
5.1 For the purposes of a regulation made under subsection 4 (4) or 5 (4), the prescribed
circumstances must be, in the opinion of the Minister, circumstances that would make it
exceptionally difficult for the Board to comply with subsection 4 (3) or 5 (3) within the time
period specified in those subsections.

6. Section 6 of the Act is repealed and the following substituted:

Court order for compliance

6. (1) If a respondent does not comply with an order made by the Board under section 5
within two business days after the order is provided to the respondent or the respondent’s
counsel in accordance with section 5, the applicant may apply to a judge of the Superior Court
of Justice for, and the judge may grant, an order requiring the respondent to comply with the
order of the Board within the time specified in the order of the court.

Same
(2) A judge of the Superior Court of Justice who grants an order under subsection (1) may
include in the order,
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(a) authorization for a police officer to provide such assistance as the judge may direct to
a physician or a person belonging to a prescribed class of persons authorized to take a
blood sample in carrying out any of his or her responsibilities pursuant to the order;
and

(b) such other directions as the judge considers appropriate in the circumstances.

7. Subsection 7 (2) of the Act is amended by striking out the portion before clause (a)
and substituting the following:

Same
(2) An analyst who receives a blood sample for analysis under section 3 or pursuant to an
order of the Board under section 5,

. . . . .

8. Subsection 10 (3) of the Act is repealed and the following substituted:

Penalty
(3) Every person who is guilty of an offence under this Act is liable on conviction to a fine
of not more than $10,000 for every day or part of a day on which the offence occurs or continues
or to imprisonment for a term of not more than six months, or to both.

9. (1) Subsection 11 (1) of the Act is amended by striking out “Minister of Community
Safety and Correctional Services” in the portion before clause (a) and substituting
“Minister”.

(2) Subsection 11 (1) of the Act is amended by adding the following clause:

(0.a) prescribing anything that is referred to in this Act as prescribed;

(3) Subsection 11 (1) of the Act is amended by adding the following clause:

(f.1) establishing and governing the process for an applicant to withdraw his or her
application for the purposes of subsection 3 (4).
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(4) Clause 11 (1) (i) of the Act is amended by striking out “clause 5 (2) (a)” at the end
and substituting “clauses 5 (2) (a) and 6 (2) (a)”.

(5) Clause 11 (1) (m) of the Act is repealed.

10. Section 12 of the Act is amended by striking out “Minister of Community Safety
and Correctional Services” and substituting “Minister”.

11. Section 13 of the Act is repealed and the following substituted:

Transition
13. An application made to a medical officer of health under section 2 before the day
section 11 of Schedule 7 to the Comprehensive Ontario Police Services Act, 2019 comes into
force shall be dealt with as provided in this Act and the regulations as they read immediately
before that day.

Commencement
12. This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.